PRINCIPLES OF PRIVATE LAW
Learning outcomes of the course unit
The course is designed to offer a comprehensive introduction to the fundamentals of Italian civil law.At the end of the training activity, the student should have acquired knowledge and skills related to the main issues and the most important issues of private law. In particular, it is expected that the student will be able to:
1. Know the legal rules contained in the Civil Code and in the main special laws, which concern the fundamental institutes; Remember the basic definitions; Understanding the concepts; Interpreting norms by systematic method (knowledge and understanding skills).
2. Apply the interpretations acquired to simple concrete cases, under the guidance of the Teacher (ability to apply knowledge and comprehension).
3. Know how to analyze elementary cases of reality through the process of interpretation of the fact and its legal qualification (autonomy of judgment).
4. Know to expose brief conclusions of your own concrete case analysis (communicative abilities).
5. Know how to evaluate alternative solutions to the concrete cases considered (learning ability).
Examination of private-law institutions is a prerequisite for all other examinations of profit, except those from the IUS / 19 (History of Italian Law), IUS / 20 (Philosophy of Law) and SECS / P01 (Economics policy). No exam is required for examining private law institutions.
Course contents summary
General introduction: the notions of legal rule and legal system - the sources of law within the Italian legal system.
Natural persons and legal entities – rights and remedies – the enforcement of rights and other protected interests in court – the procedural perspective – limitation of action.
Topics in the law of property: ownership and possession – basic elements.
Topics in the law of obligations: sources – performance – default – liability – remedies – one-sided actions.
Topics in the law of contracts: enforceability of promises – the notion of agreement – nominate and innominate contracts – requisites of the contract – contract formation: offer and acceptance – pre-contractual duty to inform – contract interpretation (construction) – default rules and mandatory rules – invalidity and nullity.
Topics in the law of torts: the general provision of article 2043 c.c. – strict liability vs. negligence – wrongfulness – causation – compensation – damages.
Topics in the law of corporations.
Time limitation and estoppel.
Registration of legal acts.)
S. Mazzamuto (ed.), Manuale del diritto privato, Torino, Giappichelli, the most recent edition, Chapters: I - V (excluding § 9, cap. V) and XII - XXVI.
Students are advised to verify their understanding of Private law by answering the questions related to the topics dealt with in class contained in: Bonilini, Quesiti di diritto privato. Millleduecento quesiti con le risposte ragionate, 7th ed., Padova, the most recent edition
Studying for the exams requires a comprehensive knowledge of the Constitution, of the Civil Code and the most relevant Statutes related thereto, which can be found in the most popular editions of the Civil Code.
Di Majo, Codice civile, Giuffré, Milan, the most recent edition
Didactic activities will be conducted by alternating oral oral lessons, for a duration of 77 hours, in active learning mode, for a duration of 20 hours. During the lessons, focusing on the deeper understanding of some institutes, the dialogue dialogue with the classroom will be privileged. In the classroom, the guided study of some elementary cases will also be conducted.
It is recommended that all students also take a look at the Elly platform of any uploaded footage by the Teacher for further explanations of certain parts of the program. Seminars intended to examine the most recent jurisprudential developments will be organized.
Assessment methods and criteria
The final evaluation (vote on thirty) takes the form of an oral exam with at least three questions, with reference to the suggested texts and the parts indicated. The final examination aims at assessing whether the student has knowledge and understanding of the institutes dealt with during the lessons, as well as the ability to apply such knowledge to elementary concrete cases that are envisaged during the exam. The sufficient threshold is considered to be achieved when the student has demonstrated knowledge and understanding of the institutes of the course and is able to implement the correct interactions between the various parts of the program. If this is not achieved, the exam will be considered inadequate. Voting of the oral test is communicated immediately at the end of the test.