CIVIL LAW II (THE CONTRACT)
Learning outcomes of the course unit
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 contract law. In particular, it is expected that the student will be able:
1. To know the legal provisions contained in the Civil Code and the special laws governing the obligations, the general rules of the contract and some individual contracts, where mentioned; to remember, from the teaching of Private Law Institutions, the basic definitions of obligation, contract, as source of obligations, and of each single contract, subject of study; to understand the concepts of mandatory and contractual relations, both as a source of bonds and in terms of a legal agreement; to read and understand a jurisprudential pronouncement; interpret the rules systematically, according to doctrinal and jurisprudential guidelines (knowledge and understanding skills).
2. To apply interpretations acquired in concrete cases; to be able to perform practical case studies through the techniques of legal argumentation, under the guidance of the Teacher (ability to apply knowledge and comprehension).
3. To know how to analyze autonomously, critically, jurisprudential pronouncements and cases of reality through the process of interpretation of the fact and its legal qualification (autonomy of judgment).
4. To publicize the conclusions of their own analysis of the jurisprudential pronouncement or the concrete case, adequately motivating them on the basis of interpretative norms and guidelines (communicative abilities).
5. To link the different topics dealt with each other, with basic and related disciplines; for attending students, be able to act, if necessary, in a context of collective case study; to know how to evaluate the various alternative solutions to different concrete situations (learning ability).
For students enrolled in the first year from aa. 2013/2014, in order to support the examination of Civil Law II (The contract), you must have passed the examinations of: Institutions of Private Law, Institutions of Roman Law, Constitutional Law and Civil Law I.
For students enrolled in the first year from years preceding aa. 2013/2014, in order to support the examination of Civil Law II (The contract), you must have passed the examinations of: Institutions of Private Law, Institutions of Roman Law and Civil Law I.
Course contents summary
The course focuses on the study of the general discipline of the contract, conducted with a case study method. In particular, in the first part of the course, the profiles of the contract will be addressed as a source of obligations, and as an agreement, preceded by negotiations and characterized by essential structural elements; in the second part, the effects, representation, contract for person to be appointed and in favor of third parties will be treated; in the third part, the hypotheses of ineffectiveness, in a broad sense, of the contract and the relative remedies will be analyzed.
The general institutes will always be considered in their jurisprudential application, and in relation to the resolution of concrete cases.
This program is compulsory for students, attending and non-attendants, enrolled in the third year starting from 2020/2021, and for students who were also enrolled in years after III, but who wanted to attend the Course, taking part in the lessons in the current year. For the students of the previous cohorts, the Civil Law II-2019/2020 teaching program is valid, or, if attending, the one already agreed with the Professor at the time of attendance.
The teaching load of 9 credits corresponds to about 550 pages in total.
1) As for the preliminary part, on the contract as a source of bonds, it is necessary to prepare it on some video lessons, with slides and commentary, and on the pdf material (sentences), which will be published by the Professor on the Elly 2020/2021 platform, under the heading of the course;
2) As for the general discipline of the contract, the reference text is: R. CALVO, Diritto civile, vol. II, Il contratto, Zanichelli, II ed., 2020. The text will only be studied with reference to the following chapters: I; III; IV; V; VI; VII; VIII (only paragraphs from 1 to 9); XII; XIII; XIV; XV (excluding paragraphs from 5 to 7); XVI; XVII; XVIII; XIX (only paragraphs from 1 to 4); XX; XXI; XXII (only paragraphs 1 and 9). TOT: 483 pages.
Attending students (participants live at least 70% of the total 54 hours in streaming) are exempted from studying chapters III and VII.
3) As for the case studies, the reference text is: Pareri e atti svolti di diritto civile 2020, a cura di A.M. Liconti e C. Mariani, Wolters Kluwer, Milano, 2020 (or however last edition): 6 cases to study and expose to the exam, which the Student can choose from among the following: nn. 3, 4, 5, 10, 12, 17, 18, 19, 22, 23, 25, 26, 27, 29, 31, 32, 34, 35, 41, 42, 44, 50 (about 5 pages each).
In any case, for the preparation, it is always essential to combine the study of the material published on Elly 2020/2021 and the manual, the consultation of the CIVIL CODE IN UPDATED EDITION and of the main special contractual laws mentioned in the texts, including the l. 24/2017, regarding health liability (only articles from 7 to 12).
The teaching activities will be conducted by alternating frontal oral lessons, according to the indications of the University in the health emergency, for 54 hours, supported by supplementary video lessons, and active learning methods. During the lessons, focused, from time to time, on the deepening of some contractual institutions, dialogue with the class will be privileged. In each lesson, the study of jurisprudential rulings and cases, and possibly procedural simulations will be carried out.
Therefore, the video-lessons, with slides and comments, and the jurisprudential rulings, published by the Professor on the Elly 2020/2021 platform, as well as the cases contained in the text, indicated above, must be considered an integral part of the teaching material.
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 material, texts and the parts indicated. The final examination aims at assessing whether the student has knowledge and understanding of the institutes and has acquired interpretative competence in jurisprudential pronouncements and cases. The level of sufficiency will be reached when the student has demonstrated knowledge and understanding of the institutes as well as minimum application competencies regarding the autonomous, critical and reasoned exposure of the jurisprudential judgments published by the teacher on the Elly platform, and of the six cases selected. Below these thresholds, the examination will be insufficient. Voting of the oral test is communicated immediately at the end of the test.
Attending students (participants live at least 70% of the total 54 hours in streaming), in the final part of the course (the date will be communicated by the teacher during the lessons), can take a partial oral public discussion test, possibly in a group, according to the methodology provided during the course, of the 6 selected cases. The score of the partial test (vote on thirty) will contribute to the formation of the final mark (through an average between the two scores, that of the partial test and that of the final oral test, which will concern only the remaining part of the program, as indicated above under "Reference texts").
Participation in the partial test involves, in any case, an additional point (bonus) compared to the final summative assessment.
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.