The Course focuses on the study of the juridical sources, interpretation of the law and personal matters; juridical acts and facts; prescription and forfeiture; evidence and public filings of juridical facts; natural persons and legal persons; constitutional rights of the person; debtor’s liability; sources of obligations and discipline of obligations; torts; general and special discipline of contracts, real estate.
Course Content - Last names E-N
The Course focuses on the study of the juridical sources, interpretation of the law and personal matters; juridical acts and facts; prescription and forfeiture; evidence and public filings of juridical facts; natural persons and legal persons; constitutional rights of the person; debtor's liability; sources of obligations and discipline of obligations; torts; general and special discipline of contracts, real estate.
Course Content - Last names O-Z
The Course focuses on the study of the juridical sources, interpretation and subjective situations; legal acts and facts; prescription and forfeiture; evidence and publicity; natural and legal persons; personality rights; assets, property and other real rights, possession; mandatory report in general and means of preservation of the asset guarantee; contract in general; illicit fact;
Text Books.
The students can use at their discretion, one of the following text books, for the sole portions referring to the program:oggetto del corso
E. ROPPO, Diritto Privato, Torino, ultima edizione
P. PERLINGIERI, Manuale di diritto civile, Napoli, ESI, ultima
edizione
E. GABRIELLI, Diritto Privato, Giappichelli, ultima edizione
One of the following manuals can be used, at the student's choice, only for the parts of the course:
- P. PERLINGIERI, Manuale di Diritto Civile, Esi, latest edition;
- A. TRABUCCHI, Istituzioni di diritto civile, Wolters Kluver, 2021;
- E. ROPPO, Diritto Privato, Giappichelli, latest edition;
- A.TORRENTE- P. SCHLESINGER, Manuale di diritto privato, Giuffré Francis Lefebvre, latest edition;
- E. GABRIELLI, Diritto Privato, Giappichelli, latest edition.
Text Books.
The students can use at their discretion, one of the following text books, for the sole portions referring to the program:
F.ALCARO, Diritto Privato, Cedam, Padova 2013
P.PERLINGIERI, Manuale di Diritto Civile, ultima edizione;
E. ROPPO, Diritto Privato, Torino, ultima edizione
A.TRABUCCHI, Istituzioni diritto civile, Padova, ultima edizione
A.TORRENTE- P. SCHLESINGER, Manuale di diritto privato, Milano, ultima edizione,
P. ZATTI, Manuale di diritto civile, Padova, ultima edizione
Learning Objectives - Last names A-D
Purpose.
Knowledge.
Provide the notions and the concepts for a basic, but in-depth, introduction to the private law system in Italy, with basic references to the Constitution, the European Union Treaty and the Civil Code, together with the main complementary laws, including the Consumer Code; with specific references to the system of sources of Private Law, the interpretation of the regulations, the active personal matters and the discipline of contracts in general (basic contracts and main types of contracts).
Skills:
a) learn the appropriate technical terminology used in Private Law and use the method of the conceptualization of the juridical-private process as a fundamental basis to approach the law;
b) ability to appropriately use the Civil Code and other special laws and to begin to relate them with the European Law sources;
c) ability to understand the principles and connections which complexly compose the main concepts of Private Law;
d) ability, within the knowledge and skills acquired, to apply the method acquired for the solution of legal issues.
Learning Objectives - Last names E-N
Knowledge.
Provide the notions and the concepts for a basic, but in-depth, introduction to the private law system in Italy, with basic references to the Constitution, the European Union Treaty and the Civil Code, together with the main complementary laws, including the Consumer Code; with specific references to the system of sources of Private Law, the interpretation of the regulations, the active personal matters and the discipline of contracts in general (basic contracts and main types of contracts).
Skills:
a) learn the appropriate technical terminology used in Private Law and use the method of the conceptualization of the juridical-private process as a fundamental basis to approach the law;
b) ability to appropriately use the Civil Code and other special laws and to begin to relate them with the European Law sources;
c) ability to understand the principles and connections which complexly compose the main concepts of Private Law;
d) ability, within the knowledge and skills acquired, to apply the method acquired for the solution of legal issues.
Learning Objectives - Last names O-Z
Purpose.
Knowledge.
Provide the notions and the concepts for a basic, but in-depth, introduction to the private law system in Italy, with basic references to the Constitution, the European Union Treaty and the Civil Code, together with the main complementary laws, including the Consumer Code; with specific references to the system of sources of Private Law, the interpretation of the regulations, the active personal matters and the discipline of contracts in general (basic contracts and main types of contracts).
Skills:
a) learn the appropriate technical terminology used in Private Law and use the method of the conceptualization of the juridical-private process as a fundamental basis to approach the law;
b) ability to appropriately use the Civil Code and other special laws and to begin to relate them with the European Law sources;
c) ability to understand the principles and connections which complexly compose the main concepts of Private Law;
d) ability, within the knowledge and skills acquired, to apply the method acquired for the solution of legal issues.
Teaching Methods - Last names A-D
Lesson Format.
A total of 80 hours of lectures.
The first lessons will be dedicated to the study methodology of private law.
During the course the electronic platform will be used both as repositories of study materials and to interact with the students.
Teaching Methods - Last names E-N
Frontal teaching lessons for 72 hours.
The essential features of the institutes covered by the Course will be exposed with particular attention to the foundation, the underlying interests and the broader logic of the system. In doing this, internal and European jurisprudence will frequently be called upon to discuss the reasons for the most significant rulings. This will serve to approach the interpretative techniques and methodology to be applied to solve concrete problems.
Slides on different topics will be used to offer a consequential and synthetic expositive grid that induces the student to organize the exhibition.
The e-learning platform will be used to upload the material prepared by the teacher and to organize some activities with the students.
Teaching Methods - Last names O-Z
Lesson Format.
72 hours of lectures The course consists of lectures, exercises and seminars. The reference to constitutional values and to the principles of Community law is constant. Particular attention is devoted to the examination of jurisprudence. Attending students will be able to access the slides of some lessons (through the moodle platform) and the judgments subject to in-depth analysis will be distributed.
Further information - Last names A-D
Seminars of lawyers, notaries and judges are expected.
The teaching method will take advantages from the platform moodle.
Further information - Last names E-N
Experts on topical issues addressed in the course will be invited to broaden the cultural perspective and show the close link between law and society.
It is necessary to subscribe to the e-learning platform to be attending.
Further information - Last names O-Z
Students wishing to attend the course must register through the Moodle platform within the first two weeks of the lessons. Students who have applied for the passage of the course must register for the course through Moodle as soon as the authorization has been made known.
Type of Assessment - Last names A-D
For attending students there will be at least one optional intermediate written test, the methods of which will be communicated by the Instructor directly to the classroom.
The final exam will be held, in any case, in oral form.
The final evaluation will be sufficient if the student proves to have learned the basic concepts of the private law system and if no gross errors or serious gaps emerge.
Descriptive knowledge, more or less extensive but without critical analysis or enunciation of jurisprudential principles or coordination between institutions, will determine a sufficient evaluation but hardly higher than 24/30.
The evaluation will be excellent if the student answers fully, giving an account of systemic knowledge with reference also to the relevant jurisprudence.
Type of Assessment - Last names E-N
For attending students there is a verification / self-assessment test, the methods of which will be specified by the teacher at the beginning of the course.
The final exam is oral and has the objective of ascertaining knowledge of the institutions covered by the program, language ownership, the ability to organize an organic and consequential response, to cite jurisprudence and to make connections with similar institutions. The student will be asked three questions that start from a broad and general theme, but which require to address even the most important detailed aspects in the answer.
Type of Assessment - Last names O-Z
For attending students there is a written test of optional self-assessment which takes place approximately six weeks after the beginning of the course. The exam is divided into five open-ended questions on topics covered during the lessons. To pass the test, you need to answer four questions in a sufficient manner. The profit exam is oral and is the same for all students attending and not attending.The criteria used for the assessment of the examination are functional to ascertain the knowledge acquired by the student, the ability to grasp the systematic links between the institutions and the methods of expression.
Course program - Last names A-D
The course gives notions and concepts for a basic, but in-depth, introduction to the Private Law System. There will be some lessons dedicated to the system of sources of Private law, interpretation of the law, personal matters. Specifically, the discipline of contracts will be analyzed (including with reference to the most recent laws) both with reference to the general rules and to the laws concerning the most important contracts.
Part of the program will be focused – and some non-mandatory workshops and simulations will be held – on the following subjects: juridical sources, interpretation of the law and personal matters; juridical acts and facts, prescription and forfeiture, evidence and public filings of juridical facts; natural persons; legal persons; Constitutional rights; debtor’s liability; sources of obligations – in general – and discipline of the obligations; general and specific discipline of contracts; torts; unilateral promises and other sources of obligations besides contracts;. The basic texts are the Constitution, the European Union Treaty and the Civil Code, together with the main complementary laws included the Consumer Code.
Course program - Last names E-N
The course aims to provide an in-depth basic knowledge of private law and foster the ability to criticize and solve interpretative problems.
In the lessons will be exposed the notions, the basic concepts, the essential elements of the institutes and the most current problems emerged in the jurisprudence. Particular attention will be paid to those judicial rulings that have innovated the private sector system.
After having dealt with the themes of the sources of law, interpretation (with a particular emphasis on overcoming the analogical or typological method, the application of principles and values and the crisis of the case), the techniques of legal argumentation (especially those of Community law), of the deed, deed and transaction, the issues of personality rights (in particular: protection of health, life, the expectant mother, the unborn child and privacy) and legal incapacity (focusing on the institution of the support administration that has innovated the system for the protection of vulnerable subjects).
Ample space will be dedicated to property and other real rights together with the circulation of rights and advertising in its various types.
Subsequently, the obligations will be dealt with and above all: the elements of the obligatory relationship, the non-fulfillment and the default, the modification of the subjects of the obligatory relationship, the ways of extinguishing the obligation, the debtor's patrimonial responsibility (with references to the law on over-indebtedness) and the legitimate causes of pre-emption.
Adequate space will be reserved for the contract in general and more specifically for the following aspects: essential and accidental elements, ways of concluding the contract, interpretation and effects of the contract, representation, contract in favor of third parties and for the person to be named, simulation, invalidity (with particular attention to the issue of termination and usury), termination.
The jurisprudence on the offensive relief of nullity, on the reducibility of the confirmatory deposit, on the aquilian action in defense of a contractual position damaged by an unlawful behavior and on pre-contractual liability will be taken into account.
Finally, it will deal with the extra-contractual offense with particular reference to the jurisprudential evolution of art. 2043 and art. 2059 of the Italian Civil Code
The development of all themes will have as sources of reference in addition to specific legislation, including sectoral legislation, the Constitution, the Convention for the Protection of Human Rights and Fundamental Freedoms, the Charter of Fundamental Rights of the European Union, European Union and the jurisprudence of the Court of Justice and the ECtHR.
Course program - Last names O-Z
The course gives notions and concepts for a basic, but in-depth, introduction to the Private Law System. There will be some lessons dedicated to the system of sources of Private law, interpretation of the law, personal matters. Specifically, the discipline of contracts will be analyzed (including with reference to the most recent laws) both with reference to the general rules Part of the program will be focused – and some non-mandatory workshops and simulations will be held – on the following subjects: legal entities; personality rights; evidence; assets, property and other real rights, community and condominium; possession; legal acts and transactions; prescription and forfeiture; Sources of bonds; mandatory report in general; the contract in general; the unlawful act; means of preservation of the asset guarantee; there
real estate advertising.
The basic texts are the Constitution, the European Union Treaty and the Civil Code, together with the main complementary laws