Instructional goals
The course aims to provide students with the fundamental concepts of private law that will be useful to them in their economic studies and in whatever careers they choose to pursue.
Prerequisites
None
Intended learning outcomes
To acquire knowledge and an understanding of the principles of private law with a view to applying civil law to the legal cases that will be encountered
Course Contents
Introductory concepts. The legal norm. The concept of private law. Interpretation of the law and analogy. General aspects of the law of persons, the family and succession. Rights in rem. Possession. Obligations: performance, non-performance, developments in the obligation, monetary and joint and several obligations, protection of claims and security for obligations. Contracts: contracts in general, formation and development of contracts, specific types of contract. Torts and other sources of obligations. The protection of rights. Security rights in rem, actions to defend property security, limitation periods. Consumer contracts.
Reference Books
- Carleo, Martuccelli, Ruperto, Istituzioni di diritto privato, Dike, latest edition. The following sections are excluded: Chapters 1 to 4 of Section I, Part I; §§ 8–13 and §§ 16–20 of Chapter I, Section II, Part I; Chapters 1 and 2 of Part III, Section III; §§ 2 and 3 of Chapter 3, Section II, Part IV; Chapter 4, Section II, Part IV. The following sections of Section III (Part V) are excluded: § 1 of Chapter 2; § 3 of Chapter 3; §§ 2–6 of Chapter 4; § 1 of Chapter 5; Chapters 6 to 8; §§ 2 to 4 of Chapter 9. Parts VI and VII are also excluded. –
Zatti Colussi, Lineamenti di diritto privato, Cedam, latest edition. The following sections are excluded: Chapters 1 to 3; §§ 5 to 10 of Chapter 6; Chapter 7; §§ 3 and 4 of Chapter 10; Chapter 11; Chapter 14; §§ 1–2 and 4–9 of Chapter 27; Chapter 28; §§ 2–3 of Chapter 29; Chapters 31 and 32; Chapters 34 to 40.
Galgano, Istituzioni di diritto privato, Cedam, latest edition. The following sections are excluded: Chapters 1 to 2; §§ 2 and 4 of Chapter 7; Chapter 8; §§ 7 to 10 of Chapter 18; Chapters 24 to 27. –
Torrente – Schlesinger, Manuale di diritto privato, Giuffrè, latest edition. The following sections are excluded: Chapters I to V; §§ 48–52 and §§ 57–60 of Chapter VII; Chapters XI and XII; §§ 145–146 of Chapter XIV; Chapter XV; §§ 380–381 of Chapter XLII; §§ 387–389 of Chapter XLIII; §§ 391–396 of Chapter XLIV; §§ 397–399 of Chapter XLV; Chapter XLVI; Chapter XLVII; § 423 of Chapter XLIX; Chapter L; §§ 429 to 435 of Chapter LI; Chapters LII and LIII; Chapters LVI to LXXXI.
– Various authors: Dieci lezioni di Diritto Privato, UTET, 2006: the following lectures are compulsory: the legal rule (no. 1); the interpretation of the law (no. 2); the judicial determination of the facts (no. 8).
Teaching Methods
The teaching method consists, primarily, of the lecturer giving an oral explanation of the key concepts of the subject under discussion. During the lessons, interaction with students is encouraged, prompting them to answer and ask questions, partly in order to assess their level of understanding of the topics covered. In the final weeks of the course, a few lessons (two or three) are devoted to meetings with leading figures from major organisations (both public and private).
Assessment Method
Oral exam
Thesis assignment criteria
Meeting with the professor
Week 1
1) Fundamentals of private law and public law. 2) The relationship between protection under private law and protection under public law.
Analysis of court rulings on the topics covered during the week.
Week 2
1) Sources of law and legal provisions. 2) Interpretation of the law and analogy. Analysis of court rulings on the topics covered during the week.
Week 3
1) Subjective legal situations. 2) The parties to the legal relationship and assets.
Analysis of court rulings on the topics covered this week
Week 4
1) Ownership and rights in rem. 2) Possession.
Analysis of court rulings on the topics discussed this week.
Week 5
1) Sources and general principles of obligations. 2) Performance and other means of extinguishing an obligation.
Analysis of court rulings on the topics covered this week.
Week 6
1) Contracts (introductory concepts and key elements). 2) Negotiations and the conclusion of a contract.
Analysis of court rulings on the topics covered during the week.
Week 7
1) Nullity and voidability. 2) Rescission and termination
Analysis of court rulings on the topics discussed this week.
Week 8
1) Representation. 2) Simulation.
Analysis of court rulings on the topics covered this week.
Week 9
1) Non-contractual liability. 2) Other sources of legal obligations.
Analysis of court rulings on the topics discussed this week.
Week 10
1) Judicial determination of the facts 2) Security interests
Analysis of court rulings on the topics discussed this week.
Week 11
1) Legal actions to protect the capital guarantee. 2) Limitation periods and forfeiture.
Analysis of court rulings on the topics discussed this week.