6208 - EUROPEAN COMMERCIAL LAW
CLEAM - CLES - CLEF - BIEM - CLEACC
Course taught in English
Go to class group/s: 31
The course has a twofold purpose: (i) to identify the main sources of European Community law setting forth the regulation of commercial relationships, and (ii) to determine the method through which lawyers and businessmen can coordinate such sources (among themselves and with the law in force in other legal systems), also in view of forum shopping and law shopping. In light of such purpose the course will focus on the phenomenon of commercial companies, with respect to (i) their existence and organization (company law), (ii) their financing (capital markets law), (iii) their cross-border activity (free movement of workers, goods, services and capitals within the common market); (iv) their crisis (insolvency law).
• Basic notions on the sources of law within the legal system of the European Union.
• Basic notions on the coordination between EC law, law of the Member States, law of non-member States, principles and rules of the so-called lex mercatoria.
• Principles of EC company law.
• Principles of EC capital markets law.
•Principles of organisation of the common market and EC law freedoms of movement.
• Cross-border insolvency and restructuring of multinational groups.
• Basic notions of Private International Law: Ground and limits of the parties’ right to choose the competent forum and the applicable law.
Oral final exam.
The course is based on seminars. Specific materials (articles, case law and
legislation) will be provided for before each lesson.
T.C. HARTLEY, European Union Law in a Global Context: Text, Cases and
Materials, Cambridge, 2004.