FAMILY LAW
Instructional goals
The course aims at acquiring the basic knowledge in the field of family law, analyzing the most debated and controversial topics in doctrine and case law . The intention is to provide students with the tools to cope with them most common and emerging problems in this area.
Intended learning outcomes
Knowledge and understanding.The student will have acquired complete knowledge of national and Community family law, also through the casuistic method with the direct involvement of students in the study of case law. This knowledge will be verified through the passing of examinations, the frequency of seminars, the discussions in class, the analysis of cases.
Ability to apply knowledge and understanding. The student will acquire a method of analysis that will stimulate the exegesis of the normative data and will allow the systematic framing of the rules. In this way, students will be able to acquire the knowledge, often interdisciplinary, necessary for those who are interested in working professionally in the fields of classical forensic professions as well as in consulting activities in the private sector.
The competences are acquired with the frequency to the frontal lessons with the support of casuistic drawn from the jurisprudence, with exercises, with the participation to seminaries and conferences held also from external guests coming from the academic and professional world.
These competencies will be verified by passing examinations, the frequency of seminars, class discussions, case analysis.
Autonomy of judgment.The student will acquire the ability to research and select normative and jurisprudential materials related to family law. In addition, the student will be able to apply such material independently and original when faced with the analysis of the problems in the workplace.
Specifically, the student will develop skills of critical thinking, problem solving, self-management, teamwork, relationship and communication, which go to enhance and make more expendable disciplinary skills.
The studentwill acquire the critical tools to understand the opportunity of using digital technologies at various levels ad will also be able to understand their impact in terms of limits, risks, responsibility and therefore know how to use them, filter, evaluate and manage them, in a conscious way.
The skills are achieved through the collection and elaboration of all the information on normative innovations and jurisprudential and doctrinal guidelines in continuous evolution. These capacities shall be verified not only by passing the final examination, but also by simulating processes and negotiations.
Communicative ability.The student will acquire a legal vocabulary and a high terminological precision that will be able to use, with reference to institutions of family law, in different contexts. The student will also acquire appropriate rhetorical and argumentative skills so as to be able to interact at the highest levels of public and private administrations, both within specific communities and contacts whit the public.
Learning ability.
The student will acquire a method of analysis of the institutes contained in the codes that will allow him to be trained and updated in autonomy about to every normative variation and new doctrinal and jurisprudential orientations.
Course Contents
The course provides a systematic framework of the principles and rules that govern family law, deepening the aspects in which legislative measures and case law appear most relevant, and paying special attention to the prospects for reform.
Starting from the notion of family, and tracing the historical evolution, it will deal with the following topics:
a) marriage and civil partnership;
b) the matrimonial property regimes;
c) the marital crisis, with the analysis of the institutions of the separation and divorce and their effects in the relationship between the spouses and with their children;
d) the discipline of filiation
e) hints on the connection between family and succession.
Reference Books
- G. Bonilini, Manuale di diritto di famiglia, Utet, Torino, ult. ed.
- M. Sesta, Manuale di diritto di famiglia, Cedam, Padova, ult. ed.
- C.M. Bianca, Diritto civile, vol. II, tomo 1, La famiglia, Giuffrè, Milano, ult. ed.
- T. Auletta, Diritto di famiglia, Giappichelli, Torino, ult. ed.
Additional materials will be provided by the teacher or made available during the course on the site of the chair
Teaching Methods
classroom teaching
case analysis
Assessment Method
Oral examination.
Simulation trial and Assisted Negotiation.
Thesis assignment criteria
none
Week 1
Family and law (the importance of the family in the Constitution).
From the family to the families: the different models and families not founded on marriage.
Introduction to civil partnership and de facto cohabitation. (online)
Practical cases (in presence)
Reading Material: chapters on such subjects from any textbook chosen by the student; materials provided by the teacher or made available during the course on the site of the chair.
Week 2
The family founded on marriage. Promise of marriage.
The marriage as a deed: civil marriage and marriage concluded in accordance with the Concordat. (online)
Practical cases (in presence)
Reading Material: chapters on such subjects from any textbook chosen by the student; materials provided by the teacher or made available during the course on the site of the chair.
Week 3
Nullity of marriage:
non-existent and void marriage; fictitious and putative marriage;
relations between civil and ecclesiastical jurisdictions. (online)
Practical cases (in presence)
Reading Material: chapters on such subjects from any textbook chosen by the student; materials provided by the teacher or made available during the course on the site of the chair.
Week 4
The marriage as a relationship:
nature of the agreement;
the status of the spouse; personal and patrimonial effects;
primary property regime.
(online).
Practical cases (in presence)
Reading Material: chapters on such subjects from any textbook chosen by the student; materials provided by the teacher or made available during the course on the site of the chair.
Week 5
The family property regime and the spouses' autonomy:
legal property regime and marriage contracts;
separation of property;
community property.
(online).
Practical cases (in presence)
Reading Material: chapters on such subjects from any textbook chosen by the student; materials provided by the teacher or made available during the course on the site of the chair.
Week 6
The legal property regime: legal and ordinary community;
immediate and de residuo community; administration of the community;patrimonialliability;dissolution of community;
liquidation and division. (online).
Practical cases (in presence)
Reading Material: chapters on such subjects from any textbook chosen by the student; materials provided by the teacher or made available during the course on the site of the chair.
Week 7
Community agreed among the spouses. Family trust.
Family owned business. (online).
Practical cases (in presence)
Reading Material: chapters on such subjects from any textbook chosen by the student; materials provided by the teacher or made available during the course on the site of the chair.
Week 8
Civil partnership. Rights and duties arising out of civil partnership; dissolution of the bond.
De facto cohabitation and cohabitation agreements. (online).
Practical cases (in presence)
Reading Material: chapters on such subjects from any textbook chosen by the student; materials provided by the teacher or made available during the course on the site of the chair.
Week 9
Dysfunction of the matrimonial bond: separation by mutual consent;
judicial separation;
personal and patrimonial effects of the separation.Procedural issues. (online).
Trial profiles and practical cases (in presence).
Reading Material: chapters on such subjects from any textbook chosen by the student; materials provided by the teacher or made available during the course on the site of the chair.
Week 10
Continued: Dysfunction of the matrimonial and civil partnership bonds: divorce;
personal and patrimonial effects of the divorce;
child-related provisions: sole and joint custody, child maintenance, occupation of the marital home. (online).
Trial profiles and practical cases (in presence).
Procedural issues.Reading Material: chapters on such subjects from any textbook chosen by the student; materials provided by the teacher or made available during the course on the site of the chair.
Week 11
Filiation.
The different forms of adoption (the stepchild adoption). (online).
Practical cases (in presence).
Reading Material: chapters on such subjects from any textbook chosen by the student; materials provided by the teacher or made available during the course on the site of the chair.
Week 12
Parental responsibility. Family law in the European case law. (online).
Practical cases (in presence).
Reading material: chapters on such subjects from any textbook chosen by the student; materials provided by the teacher or made available during the course on the site of the chair.