ITALIAN PRIVATE LAW

The course aims at stimulating critical thinking and at training the students’ ability to construct and deconstruct the fundamentals of Italian Private Law, both with an analytical and systematic method.

Knowledge and understanding: By participating in the lectures and laboratories of the course, the students will acquire full knowledge of the categories and institutes of private law, also in the light of the supranational framework. The lessons are held with a dialectical and interactive method, with the active participation of the student, aimed at forming a conscious maturation of legal logic and technical language; and an aptitude for conceptual and systematic construction. Ability to apply knowledge and understanding: Dialectical and interactive method of the lessons and use of online content discussed with the teacher will facilitate the path towards the conscious use of categories. In this way, students will be able to solve concrete cases, making a correct application of the rules and principles that govern relations between individuals. The acquisition of this knowledge will be ascertained through the oral interview that will take place at the end of the course. In particular, the final interview aims to ascertain the maturation of the method, and the mastery of the necessary logical tools. Participation in legal practice and clinics may be scheduled. Autonomy of judgment: Through the conscious training of a rigorous method, the student will be able to select and combine data and documents; and to analyze the normative sources and the orientations in doctrine and jurisprudence relevant to private law. It will acquire the ability to independently evaluate such data by formulating his own critical judgment on the application of them, identifying the appropriate solutions to the cases discussed with the teacher. Communication skills: At the end of the course the student will be able to master, with terminological precision, the technical-legal lexicon of private law. By participating in the various activities of the course - lessons with classroom discussions, oral exams, simulated process, written tests, laboratories - the student will learn to use these communicative resources in different contexts, so as to develop clear and effective exposure skills. Learning ability: The technical-legal knowledge acquired during the course will allow the student to refine their understanding, critically orienting the study of issues and problems of private law. The student will be guided to develop a conscious knowledge of the fundamental categories and rigorously carry out the legal logic, so as to acquire the method to explore the profiles addressed independently and undertake in the best way the different paths of formation, also professional.

The lessons will follow two directions: General outline, aimed at providing the basic categories and theoretical foundations; Special section, aimed at analysing the fundamentals of Italian Private Law and at assessing remarkable cases. The students will be able to measure and increase his or her aptitude for analytical reasoning, and to refine his or her capacity for systematic and rational argumentation in case solving.

ORLANDI, Introduzione alla logica giuridica, Il Mulino, Bologna, 2021. ORLANDI, Del significare, Giappichelli, Torino, 2021 (nelle parti indicate a lezione). An updated manual (at least latest or second-last edition) of private law, at university level (a selection of topics will be specified by the teacher). Leaving full freedom of choice, I indicate among the others (in purely alphabetical order): GAZZONI, Manuale di diritto privato, ed. ESI. MACARIO, Introduzione al diritto privato, Bologna, Il Mulino, 2021. TORRENTE – SCHLESINGER, Manuale di diritto privato, ed. Giuffré. TRABUCCHI, Istituzioni di diritto civile, ed. Wolters Kluwer Cedam. ROPPO, Diritto privato, ed. Giappichelli Cases and literature uploaded on the University website.

Interactive lessons. Legal clinics and case assessments.

The exam consists of an oral interview. The student will have to demonstrate knowledge and understanding of the institutes and principles of private law, including their application to practical cases submitted to his or her attention by the examiner, also through the presentation of concrete examples. The student will have to independently analyze the sources and relevant doctrines of private law and correctly use the technical-legal vocabulary of the subject, thus demonstrating that he or she has achieved the method and learning ability necessary to deepen the subject further independently. For the purposes of assigning a mark out of thirty, the following evaluation criteria will be taken into account: - knowledge and understanding of the institutes and the principles of the subject and the ability to apply them to concrete cases (60%); - command of the technical-legal lexicon (25%); - ability to consult and interpret relevant sources and acquisition of the study method (15%). The student's ability to carry out a critical analysis of the rules that make up civil law will be positively assessed. The same applies to the student's ability to offer a systematic reading of the legal system. Training gaps on one or more institutes or principles will lead to an insufficient evaluation even in the presence of basic knowledge of the subject.

Interview with the Professor.