ITALIAN PRIVATE LAW
Instructional goals
1. Knowledge and understanding. The course aims to provide students with an institutional and complete picture of Italian civil law, relating to the parts of the examination program, through the exegesis of the regulatory data and the analysis of case law. The aim is to affect the student's cultural education through the development of logical and methodological skills applied to positive law; in particular, the main goal is to provide students with the general categories, the conceptual and terminological tools suitable for stimulating the aptitude for critical analysis and the rigorous systematic reconstruction of private law rules and principles, also in light of the international framework. The acquisition of such knowledge will be ascertained at the end of the course through an oral interview, but intermediate tests will also be possible.
Intended learning outcomes
2. Ability to apply knowledge and understanding. The student will acquire a method of analysis of civil disciplines that will stimulate the individual ability to exegesis the normative data and allow the systematic framing of the rules. In this way, the often interdisciplinary knowledge necessary for students who are interested in working professionally in the fields of the classic forensic professions (Lawyers, Judiciary, Notaries) and consultancy activities in the private sector will be acquired, addressing issues ranging from Civil Law to Law European private (in English). The skills are acquired with the frequency of lectures with the support of case studies taken from the jurisprudence., with the exercises, with the participation in seminars, conventions and conferences also held by external guests from the academic world. and professional. These skills are verified by passing exams, attending seminars, class discussions, analyzing cases; It is also possible to have intermediate knowledge tests. In addition, the presence of multimedia content available on the Moodle platform (videos, slides, tutorials, forums, work groups, etc.) will give the opportunity to create a permanent interaction between the class and the teacher, giving the opportunity to verify in real time the hard and soft skills acquired by students.
3. Autonomy of judgement. Through the use of the methodologies acquired during the course, the student will be able to collect data and materials in order to analyze the regulatory sources and the relevant orientations of scholars and case-law with reference to the discipline of private law and will acquire the ability to independently evaluate such data by formulating his own critical judgment to concrete matters, identifying the appropriate solutions to the practical cases submitted to his attention.
4. Communication skills. At the end of the course the student will be able to master, with adequate terminological precision, the technical-juridical categories of private law. By participating in the different activities of the course – classes, classroom discussions, oral exams, moot courts, written tests, workshops - the student will learn to put these communication skills into practice in different contexts, adapting the wording to the reference interlocutor, thus acquiring further rhetorical and argumentative skills, indispensable for her/his professional career.
5. Learning skills. The technical-legal knowledge acquired during the course will allow the student to autonomously understand and interpret the legislative, case-law and doctrinal changes relating to the discipline of private law and the legal sector in general.
Course Contents
General notions - Law and the juridical norm - The sources of law - The efficacy and interpretation of the law - Facts and legal acts - The subjects of the juridical activity - The object of the rights - The goods - The juridical relationship - The juridical shop - The rights of the personality - The family law (the family relationship in general, the marriage, marital relationship, separation and divorce, filiation and adoption, maintenance obligations) - Real estate rights (general characteristics, property, possession, real rights of enjoyment, communion and condominium) - The law of succession and donations (general provisions, the purchase and renunciation of inheritance, the testamentary succession, the legitimate succession, the succession of the legitimaries, communion and hereditary division, donations and non-donative donations). General notes on obligations, on the contract and on the protection of rights will be provided to the extent that knowledge of these topics is essential for understanding the topics listed above.
Reference Books
For the preparation of the Private Law 2 examination, the student may use any institutional university-level textbook, in an up-to-date edition, limited to the chapters corresponding to the topics listed above.
It is recommended: A. TORRENTE, P. SCHLESINGER (a cura di F. Anelli e C. Granelli), Manuale di diritto privato, Giuffrè, Milano, ult. ed.; Aa. Vv., Dieci lezioni introduttive a un corso di Diritto Privato, UTET, 2006
An up-to-date (uncommented) civil code must be consulted
Teaching Methods
The didactic method consists mainly in the oral explanation, by the teacher, of the main categories and notions of Private Law. During the lessons, interaction with students is pursued, urging them to answer and ask questions, also in order to verify their level of understanding of the topics covered.
Assessment Method
The exam consists of an oral interview in which the student will have to demonstrate knowledge and understanding of the rules and principles of Private Law and to apply them to practical cases submitted to her/his attention by the teacher through concrete examples. The student will have to be able to independently analyze the sources and relevant legal reasonings of private law and correctly use the technical-legal vocabulary of the subject, thus demonstrating that she/he has achieved the correct study method and learning ability necessary to continue the independently deepening of the subject.
Forms of monitoring and intermediate verification of the preparation of the course participants are possible, it being understood that the attribution of the grade will take place only at the outcome of the final exam which will take place, at the end of the course, according to the methods and evaluation criteria specified above in detail.
Thesis assignment criteria
Interview with the Professor.
Concrete interest in private law.
Week 1 Contenuto sessioni on line e on campus
Session on campus:
Fact and Law (lessons I-II)
Family Law (lessons III)
Session online:
Individual and group exercises. Case law discussion.
Week 2 Contenuto sessioni on line e on campus
Session on campus:
Legal rules and natural sciences rules Fact and Law (lessons I-II)
Marriage (lessons III)
Session online:
Individual and group exercises. Case law discussion.
Week 3 Contenuto sessioni on line e on campus
Session on campus:
Private law and public law (lessons I-II)
Separation and divorce (lesson III)
Session online:
Individual and group exercises. Case law discussion.
Week 4 Contenuto sessioni on line e on campus
Session on campus:
Sources of Law (lessons I-II)
Filiation and adoption (lesson III)
Session online:
Individual and group exercises. Case law discussion.
Week 5 Contenuto sessioni on line e on campus
Session on campus:
Interpretation of the Law (lessons I-II)
Real estate rights (lesson III)
Session online:
Individual and group exercises. Case law discussion.
Week 6 Contenuto sessioni on line e on campus
Session on campus:
Factum, actum, negotium (lessons I-II)
Possession and detention (lesson III)
Session online:
Individual and group exercises. Case law discussion.
Week 7 Contenuto sessioni on line e on campus
Session on campus:
Subjective legal situations (lessons I-II)
Introduction to succession (lesson III)
Session online:
Individual and group exercises. Case law discussion.
Week 8 Contenuto sessioni on line e on campus
Session on campus:
Subjective legal situations (lessons I-II)
Inheritance purchase (lesson III)
Session online:
Individual and group exercises. Case law discussion.
Week 9 Contenuto sessioni on line e on campus
Session on campus:
Subjective legal situations (lessons I-II)
Ab intestato succession (lesson III)
Session online:
Individual and group exercises. Project work. Case law discussion.
Week 10 Contenuto sessioni on line e on campus
Session on campus:
Legal capacity (lessons I-II)
Succession by will (lesson III)
Session online:
Individual and group exercises. Project work. Case law discussion.
Week 11 Contenuto sessioni on line e on campus
Session on campus:
Capacity to act (lessons I-II)
Succession of necessary heirs (lesson III)
Session online:
Individual and group exercises. Case law discussion.
Week 12 Contenuto sessioni on line e on campus
Session on campus:
Legal entities (lezioni I-II)
Donations (lesson III)
Session online:
Individual and group exercises. Case law discussion.