CIVIL LAW II
Learning outcomes of the course unit
The goal of the course is to deliver to Students a method of studying the fundamentals of contract law. In the first part of the course, will address the general outlines of the contract and its essential elements; in the second part, the accidental elements, representation, pathology; in the third part, the interpretation, effects and contractual remedies. In parallel, it will be thorough discipline of individual contracts, with particular on the following issues: formation of the contract; movement of goods; loan and use of property; provision of services; guarantees and insurance; contract disputes.
For students enrolled in the first year from the academic 2014/2015, in order to take the exam of Civil Law II, must have passed the examinations of: Private Law, Institutions of Roman Law, Constitutional Law, Civil Law I and Civil Procedure Law.
For Students enrolled in the first year in the academic 2013/2014, in order to take the exam of Civil Law II, must have passed the examinations of: Private Law, Institutions of Roman Law, Constitutional Law and Civil Law I.
For students enrolled in the first year from previous years 2013/2014, in order to take the exam of Civil Law II, must have passed the examinations of: Private Law, Institutions of Roman Law and Civil Law I.
Course contents summary
The course covers the monographic study of the contract in general, and the deepening of certain individual contracts, typical and atypical.
In relation to the general discipline of the contract: 1) F. GALGANO, Il contratto, Cedam, latest edition (currently, second edition, 2011).
Only the following chapters: III (Il contratto come fonte di obbligazioni); IV, tutte le sezioni (I requisiti del contratto); V (Il termine e la condizione); VI (L’effetto traslativo del contratto); VIII, tutte le sezioni (Validità e invalidità); X (La rappresentanza); XI (L’interpretazione e la qualificazione); XIII (Gli effetti del contratto); XIV (La risoluzione del contratto); XV (La congruità dello scambio contrattuale) (about 440 pages).
Also, with regard to the individual contracts discipline:
2) AA. VV., Contratti, atti e clausole, a cura di A. Mora, Giuffrè, 2015.
Only the following paragraphs: 1.1. (Contratto preliminare); 1.2 (Opzione); 1.3 (Patto di prelazione); 1.4 (Proposta irrevocabile); 2.1 (Vendita); 2.2. (Permuta); 2.4 (Cessione del credito); 2.5 (Factoring); 3.1 (Comodato); 3.2 (Mutuo); 3.3 (Locazione); 3.4 (Leasing); 4.1 (Appalto); 4.3 (Mandato); 5.1 (Fideiussione); 5.4 (Assicurazione); 7.1 (Transazione) (about 130 pages).
3) Civil code, latest edition.
The course subject is systematically treated in the oral lessons (54 hours). Seminars intended to examine the most recent jurisprudential developments will be organized («Typical and atypical contracts» -10 hours). The teacher will use the book AA. VV., Contratti, atti e clausole, a cura di A. Mora, Giuffrè, 2015,in the specified parts, that will be object of the exam.
Assessment methods and criteria
The checking procedure is the final answer at least three oral questions posed orally , on all parties under the program, with reference to the recommended books . Final assessment aims to assess whether the Student has knowledge and understanding of the institutions and has acquired competence to interpret concrete cases. The threshold of sufficiency will be achieved when the student will have demonstrated knowledge and understanding of the institutions, application skills in order to minimum resolution of specific cases. Below, the examination will be insufficient.
The new program covers the students enrolled, from the academic 2015/2016, in the third year. Students who have completed the frequency of the Course of Civil Law II in previous years 2015/2016, may continue to benefit from the program and of the texts indicated in its student handbook , where already purchased.
Where the previous program provides only the study of the contract in general on the Manual V. Roppo, Il contratto, Milano, 2011 , II ed., it must still be integrated with the part relating to individual contracts on AA. VV., Contratti, atti e clausole, a cura di A. Mora, Giuffrè, 2015.
If , however , the texts indicated by the teacher previous not yet been purchased , it is advisable to follow the new program and purchase new texts, shown here. In this regard, it is sufficient that, on examination , the students in question notify the Commission on what program you are prepared.