The course aims to show and illustrate the most important themes and moments in the progressive formation of modern law in the age of codification, in order to provide students with the critical and interpretative tools to achieve a knowledge of the structures of contemporary law based on solid historical foundations.
Course Prerequisites
The course Storia del diritto italiano (History of Italian law) is propaedeutical for students enrolled in Giurisprudenza. All students are required to have a good knowledge of the ius commune and of the process of codification between the 18th and 19th centuries.
Teaching Methods
The course includes frontal lessons accompanied by the reading and commentary of normative, doctrinal and jurisprudential sources, made available on the Kiro platform, in a constant dialogue between the teacher and the students. Acquisition of 1 laboratory CFU is provided through active participation in classroom exercises, with reduction of the examination program.
Assessment Methods
Learning will be assessed by means of an oral examination to ascertain whether the course objectives have been met. For attending students, the contents of the lectures and of the materials explained in class and made available on the KIRO platform will be examined. For non-attending students, the examination will focus on the contents of the reference texts.
Texts
Attending students who will have acquired the laboratory CFU will prepare the exam based on the notes and materials explained in class and made available on the Kiro platform. Attending students who will not have acquired the laboratory CFU will prepare the exam based on the notes and materials explained in class and made available on the Kiro platform and the following text: 1) E. Fugazza, La scienza del diritto commerciale postunitario. Gli esordi di Alberto Marghieri, Adolfo Sacerdoti, David Supino, in «Historia et Ius», 16 (2019) [available in open access]. Non-attending students will prepare the exam on the following texts: 1) A. Monti, Per una storia del diritto commerciale contemporaneo, Pisa, Pacini Giuridica, 2021 (pp. 13-232) 2) U. Santarelli, Mercanti e società tra mercanti, Torino, Giappichelli, 1998 3) A. Padoa Schioppa, Saggi di storia del diritto commerciale, Milano, LED, 1992 (limitatamente ai capitoli III, IV, V, VI, VII, pp. 89-261).
Contents
For the academic year 2024/25, the course has monographic cut and is dedicated to some profiles of the history of commercial law from the late Middle Ages to the threshold of the promulgation of the current civil code and the Bankruptcy Law of 1942. The aim is not only to reconstruct the historical development of some commercial law institutions but also to read and interpret their discipline in the light of the political, social and economic context of reference. Much space is given to the history of legal thought, with the aim of providing as complete a picture as possible of the genesis of contemporary commercial law. After a few lectures devoted to the centuries preceding codification, the course focuses on the decades between the second half of the nineteenth century and the 1930s, when the jurists - and the reference is to both legal theorists and judges - gave prompt normative answers to the demands of a society in rapid and profound transformation, which were destined to condition the choices of the legislator of 1942.
Course Language
Italian
More information
For interested students who fall into the categories covered by the guidelines on inclusive teaching methods, it will be possible to agree with the teacher on specific support arrangements for exam preparation. It will also be possible to agree by e-mail on an in-person or remote meeting after 6 p.m.