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; understand the concepts; interpret 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).
Course contents summary
The course is aimed at identifying the fundamental lines of the private legal system, and learning the core notions of its institutes.
The first part of the course deals with: the interpretation of normative texts; Subjective rights; The effectiveness of norms in transnational relations; persons; Personality rights; The entities. The second part of the course is general family law; Successions in general.
The third part of the course is focused on property, rights and ownership. The fourth part of the course deals with: the mandatory relationship; The contract in general; The trade; Civil liability. The last part concerns the protection of rights (capital liability and causes of pre-emption, means of preservation of the asset guarantee).
The teaching load of 9 credits corresponds to about 550 pages in total.
On the Elly 2020 platform, the video recordings of the lessons have been made available, including slides and comments, which can directly constitute the subject of study of the subject.
The study can be conducted on an updated university manual. We recommend:
Lineamenti di diritto privato, a cura di M. Bessone, Giappichelli, Torino, latest edition (about 540 pages):
Introduction (excluding chapter I); Part One (Subjects); Part Two (Family Law); Part Three (Successions, excluded: Division - Chapter XX and Donations - Chapter XXI); Part Four (Property, Real Rights and Possession); Part Five (Obligation, excluding Personal Guarantees - Chapter XXXV); Part Six (General Contracts, excluded: Consumer Contracts - Chapter XLI, Sections II, and Simulation - Chapter XLVIII); Part Seven (Only Trade: Chapter LIII, Sections I); Part One (Civil Liability); Part Two (Protection of Rights,only: Capital Liability and Causes - Chapter LXXIV, and LXXV Capital Asset Protection).
In any case, for the preparation, it is always essential to combine the study of the material published on Elly 2020/2021 or the manual, the consultation of the Constitution, the Civil Code and the main special laws, which are found in the appendix to the most popular updated editions of the Civil Code. In particular, it is necessary to view the regulatory material published on the "Elly" platform (only with respect to the standards indicated therein): l. 219/2017; Leg. 117/2017; L. 76/2016.
For the purposes of a personal verification of the preparation before the exam, it is suggested to carry out the questions, related only to the parts in the program, proposed in:
G. BONILINI, Quesiti di diritto privato. Milleduecentoquesiti con le risposte ragionate, CEDAM, Padova, latest edition.
Didactic activities will be conducted through oral lessons in live streaming, according to the indications of the University in the health emergency, for 48 hours.
During the lessons, centered, from time to time, on the deepening of some institutes, dialogue with the class will be privileged. At the same time, over a total of 18 hours in live streaming, the institutes will be studied in depth through some elementary cases and judgments, also published on the Elly 2020/2021 platform.
All lessons will be recorded and published on the Elly platform, from time to time.
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.
For attending Students (participants live at least 70% of the total 66 hours in streaming), there will be a partial written test, online, the date of which will be communicated by the Professor. The test will focus on the topics studied in the course, from the beginning, up to the part relating to property, real rights and possession included (see above "Reference texts"). The time allotted for the test is 50 minutes. The test, consisting of 30 multiple choice questions, is evaluated on thirty. The evaluation will be obtained by scaling from the score of 32 the value of -1 for each wrong or not given answer. The sufficiency threshold corresponds to the score of 18, thus calculated (to be considered corresponding to the score of 18/30).
During the test, the use of codes, manuals or other study materials is not allowed.
The results of the test are communicated within three days of their performance, by publishing a special table, bearing only the student's ID number, on the Department's website.
Those who have obtained the sufficiency in the partial test, can access the oral integration, taking, in one of the official exam sessions, the part of the program that goes from the obligations, up to the conclusion of the topics studied in the Course (see above " Referral texts "). The final mark, out of thirty, is the average of the two marks, that of the partial written test and that of the oral integration, and is communicated immediately at the end of this.
During the first semester, in the persistence of the health emergency and depending on its evolution, the oral exam may take place or in mixed mode (i.e. in the presence, but with the possibility of sustaining it even on line for students who request it), or only online for everyone. Of the chosen modality, between the two indicated, information will be promptly given on the esse3 system in advance of the exam.