PRINCIPLES OF PRIVATE LAW
Learning outcomes of the course unit
knowledge and understanding: the course has six parts: the legal system as "environment" of legal relations; subjects as holders of interests, including non-pecuniary relations and faculty of action; goods as objects of subjective legal situations; types of financial relationships (real relationships, obligations and contracts) as legal instruments for capital and other interests, outline of family law and inheritance.
Applying knowledge and understanding: students learn legal basics for working on the market or in private law regulating financial and non-financial relationships.
Making judgements: students learn to make independent evaluations of private law issues, particularly problems relating to contracts in firms and entities operating on the market, and how to provide with solutions.
Communication skills: students learn how to communicate inside the firm with other firms and end user firms and consumers, especially in trading and purchase contracts, management of non-profit organisations and civil responsibility.
Learning skills: students acquire an independent capacity to make legal evaluations in the light of, and with the aim of, applying legislation.
Basic knowledge of private law
Course contents summary
The course provides students with the main foundations and laws regulating private law, eith particular reference to law of the market.
1. THE LEGAL SYSTEM.
1.1. Private law and public law.
1.2. Sources of domestic and Community law.
1.3. Legal “facts” and “effects”. Legal rules, interpretation of the law, legal “facts”
and acts, subjective (individual) legal situations, the legal relationship and its
events, circulation of legal situations, statute of limitation and cancellation.
1.4. Disclosure of legal facts.
2.1. Natural persons. Legal capacity, capacity to act, “natural” capacity, types of
incapacity and guardianships, places in which persons carry on their activities and
lay down their interests, cancellation of natural person status.
2.2. Personality rights. Overview and individual types.
2.3. Body corporates. Bodies as subjects of law. Legal status.
2.4. Types of body corporates: associations, foundations, committees.
3.1. Goods. Notion and classifications.
3.2. Legal framework for circulation of goods.
4. LEGAL RELATIONS RELATING TO PROPERTY.
4.1 Legal relations relating to real property. Rights in ??**rem and their characteristics.
4.2. Property in Community law, the Constitution and the civil code.
4.3. Means of property purchase.
4.4. Minor rights in rem.
4.5. Ownership. Possessory and petitory actions. 4.6. Contractual (obligational)
relationships. The contract and its characteristics. Obligations of performance and
obligations of protection. Contracts without performance obligations.
4.7. Events constituting the contractual relationship. Sources of the contract.
4.8. Subjective and objective events modifying said contractual relationship.
4.9. Events terminating the contractual relationship. Fulfillment and other means of
terminating the contract.
4.10. Non-fulfillment of the contract.
4.11. The contract in general. Freedom of contract, legal transaction and the
4.12. Structural profile of the contract. Definition and classifications. The agreement
and procedures for forming an agreement, parties, content, form.
4.13. Flaws in the structure of the contract. Invalidity, nullity, annullability, simulation
4.14. Functional profile of the contract. Regulation of interests, interpretation,
effectiveness of the contract, condition and terms. Resolution of the contractual
4.15. Consumer contracts. Unfair terms.
4.16. Commercial contracts: subcontracting, late payment in commercial
4.17. Individual contracts: sale and purchase contracts, mandate (power of
attorney), commission, donation, lease, rental, tender, agency, leasing, guarantees,
independent financial guarantee contract, letters of patronage, contracts aimed to
compose and prevent disputes.
5. CIVIL LIABILITY.
5.1. Contractual liability.
5.2. Extra-contractual liability. Torts. Various forms of Aquilian liability.
5 3. Liability for violation of rules within a legal relationship having a source other
than contract or tort.
5.4. Awardable damages – relating to property and otherwise.
5.5. Personal injury/loss: from physical to “existential” damage.
5.6. Compensation techniques.
6. FAMILY LAW AND SUCCESSION LAW.
6.1. Features of family law.
6.2. Features of succession law.
DI NELLA LUCA, Lessons of Private Law, Parma, latest edition. The book comprises the complete syllabus for the examination.
As a support for the preparation we recommend using the latest edition of:
- De Nova (ed.), Codice civile e leggi complementari, Bologna, Zanichelli, latest edition
- Di Majo (ed.), Codice civile con la Costituzione, i Trattati U.E. e le principali
norme complementari, Milano, Giuffrè, latest edition
- latest edition of the Civil Code with the most important UE law, the Constitution and other civil legislation.
Theoretical and practical classroom lectures lessons with information and exercises by university teachers and specialists including overseas experts
Acquiring knowledge – class lectures
Learning to apply skills – exercises and practice
Acquiring independent evaluation skills – case studies
Acquiring learning skills – description of topic and critical examination of legislation applied
Acquiring technical language – legal terminology is explained during the course
Assessment methods and criteria
For the final assessment, students must pass a written and oral examination. The written examination is a one hour written paper test consisting of five open questions printed on a back and front sides A4 sheet.
Manuals, publications, text, training books, notes, blank paper or any type of forms as well as electronic devices (including mobile telephones, iPAD cameras, , iPOD, MP3 and anty such devices ) are prohibited.
If passing the written portion of the exam, students shall take an oral exam, on fixed dates, in order to complete the assessment with the final (pass/fail) mark.
Answers to the written test will be assessed considering the overall knowledge, the ability to apply knowledge, the capacity to communicate with appropriate technical language and terminology, independence of judgment and ability to learn. Assessment of the oral exam will be based on the same criteria.
Students failing the oral portion of the exam will be required to retake the whole examination (written and oral portion).
Additional seminars on topics covered in the course may be held according to the availability of external specialists.
See the professor’s webpage for supplementary material, including material for the preparation of the exam.