CIVIL LAW II (CIVIL LIABILITY)
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 civil liability. 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 civil liability and torts; to recall, from the teaching of Institutions of Private Law, the basic definitions of obligation, of tort, as a source of obligations, and of the constitutive elements of the case in question; to understand the concepts of causation, imputation and tort, both as a source of obligations and in terms of compensation for damages; 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 (Civil liability), 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 civil liability), 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 civil lyability, conducted with a case study method.
In particular, in the first part of the course, the general profiles of civil liability, as a source of obligations, and the criteria for identifying illegal acts will be addressed; in the second part, strict liability and individual cases; in the third part, the causality and the attribution of harmful events; in the fourth part, the damage and the remedies.
The general institutes will always be considered in their jurisprudential application, and in relation to the resolution of concrete cases
The teaching load of 9 credits corresponds to about 550 pages in total.
1) As for the general discipline of the contract, the reference text is: P. TRIMARCHI, La responsabilità civile: atti illeciti, rischio, danno, Giuffrè, Milano, II ed., 2019. The text will only be studied with reference to the following chapters: : I (La funzione della responsabilità civile extracontrattuale); II (L’atto illecito: criteri di identificazione e caratteri generali); III (Il rischio illecito); IV (Le cause di giustificazione); V (L’elemento soggettivo); VI (Responsabilità dei genitori, dei tutori, dei precettori e dei maestri d’arte); VII (Illeciti contro la persona); IX (Illeciti contro il patrimonio); X (Illeciti nelle attività di impresa); XII (Danni all’ambiente); XIII (Funzione della responsabilità oggettiva per rischio); XV (La responsabilità per il danno da cose o animali), but olny up to par. 15.3.8 ; XVI (Regole speciali di responsabilità oggettiva); XVII (Responsabilità per esercizio di attività pericolosa); XVIII (La responsabilità del fabbricante); XIX (Concorso di rischi e colpe); XX (Causalità di fatto, rischio e danno); XXI (Causalità e imputazione degli eventi dannosi: il problema); XXII (L’imputazione degli eventi dannosi nella responsabilità da atto illecito); XXIII (L’imputazione degli eventi dannosi nella responsabilità oggettiva); XXIV (Azione inibitoria ed eliminazione degli effetti); XXV (Danno e risarcimento).
TOT: 500 pages.
Therefore, the following chapters are excluded: VIII (Falsa informazione); X (Illeciti nelle attività di impresa); XI (La responsabilità della Pubblica Amministrazione); XIV (La responsabilità per fatto dei dipendenti); XV (La responsabilità per il danno da cose o animali), but only parr. 15.4 e 15.5; XXVI (Arricchimento da fatto illecito); XXVII (Responsabilità extracompensativa); XXVIII (La prova); XXIX (Prescrizione).
2) As for the case studies, the reference text is: A. FILIPPINI, Responsabilità civile. Casi e pareri professionali, Giuffrè, Milano, 2016. The student, in addition to the above mentioned program, will have to study and expose to the exam, at his choice, 4 of the cases or opinions taken from the above mentioned text.
3) Video-lessons, with slides and comments, and the jurisprudential rulings, published by the Professor on the Elly 2020/2021 platform, under the heading of the course, must be considered an integral part of the teaching material
4) Parallel consultation of the CIVIL CODE IN UPDATED EDITION and of the main special laws mentioned in the texts.
The teaching activities will be conducted by alternating frontal oral lessons, also 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.
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 four 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, 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, according to the methodology provided during the course, of the 4 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.
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.