ITALIAN PRIVATE LAW
Instructional goals
The course aims to provide students with the basic notions and principles of the discipline of private parties’ relationships, with particular attention to the law and economics approach, which will be fostered in dedicated seminars.
Intended learning outcomes
Knowledge and understanding: the student will have acquired knowledge on the functioning of the legal system with regard to relations between private individuals, contextualized to the economic reality. The discipline of inter-private relevance will be examined with particular attention to market relations and the related patrimonial and non-patrimonial effects.
Ability to apply knowledge and understanding: the student will be able to analyze and solve cases that deal with legal problems, concerning subjective rights and more generally protected interests of private individuals in economic contexts. These skills, in addition to being assessed in the final verification exam (in written and / or oral form), will be monitored on an ongoing basis through intermediate tests, which can constitute a fundamental moment of improvement or adjustment of teaching based on the results achieved, both at the individual student level and at the class group level.
Autonomy of judgment: the student will have acquired the necessary skills to frame legal and private issues and identify opposing interests. Autonomy will be assessed through the intermediate written test as well as through the assignment and analytical solution of practical jurisprudential cases that will be treated in the context of collateral supporting activity.
Communication skills: the student will have acquired the ability to frame legal problems, in particular in the private sector, and to communicate the underlying issues. The communication skills acquired by individual learners will be assessed especially in the context of the oral exam. Further, and previous, evaluations will be carried out during the interventions that the students will carry out in the classroom.
Learning skills: In order to encourage the best learning, the course will focus on the active involvement of each individual student, who will be called, lesson by lesson, to analyze complex problems through a personal critical approach. The results gradually achieved in terms of learning will be verified through direct and daily interlocutions with the students. The efficacy of learning by the individual student will be canvassed through the intermediate written assessment and the final oral exam.
Course Contents
I. Preliminary Notions
- Methodological, hiistorical and economic introduction to private law: private law in the theory of the legal system
- Legal sources
II. Basic concepts
- Rights, duties, poker and other characterizations of legal and factual relationships
- Acts and facts
- Publicity of legal facts
- Limitation periods
III. Actors in legal relationships
- Physical persons
- Legal persons
IV . Property, Iura in rem, possession
V. Obligations
- Sources
- General discipline
- General contract law
- Most important typical contracts
- Liability: pre-contractual, contractual,
delictual.
- Other sources
VI. Remedies
VII. Family law, gifts, law of successions.
Reference Books
F. Di Ciommo, Manuale di diritto privato, Giappichelli ed., Torino, 2022,
A civil code with related laws, of any publishing house, as long as it is updated to 2022.
Italian civile code, updated version.
Teaching Methods
The program consists of a series of lectures along with seminar meetings dealing with both (i) matters that will not be considered in the class lectures(legal entities law, family law, law of successions) (ii) as well as the analysis of case-law regarding the main topics of the program, thus introducing students to the enforcement of law before courts.
Assessment Method
In order to test students’ proficiency, there will be a midterm written test, which, if positively evaluated, will count up to 30%of the comprehensive grade, and a final oral exam, to be fixed according to the faculty general schedule.
The exam aims to verify the overall control of the discipline by the student, as well as his/her ability to understand techniques of legal solutions as applied to social problems.
Thesis assignment criteria
On request of interested students, a subject-matter for the graduation thesis will be awarded on the basis of the exam outcome and the commitment to serious research effort.
Does the syllabus cover sustainability topics?
Yes
Week 1 Contenuto sessioni on line e on campus
I. - The private law in the legal system theory.
1.1. The right in the objective sense and the legal system. 1.2. The standard giuridica. 1.3. What is the general law. 1.4. Nature and function of privato. 1.5. Polymorphism of the legal systems in the world: private law outlines compared. 1.5.1. Civil law and common law. 1.5.2. The origins of "civil" the Italian legal system .
Week 2 Contenuto sessioni on line e on campus
1.6 . Private international law and international private law . 1.7 . The private procedural law . 1.8 . The economic analysis of privato.2.1 law. Sources and "forming" of private law. 2.1.1. The legislative sources. 2.1.1.1.Costituzione and constitutional laws. 2.1.1.2. Community sources: treaties, directives, regulations and recommendations. 2.1.1.3. State laws, regional laws and other acts having the force of law. 2.1.1.4. The executive regulations. 2.1.1.5. International sources: uniform law conventions and private international law conventions. 2.1.2. The character does not legislativo.2.1.2.1 sources. The custom and usages. 2.1.2.2. The practice in international private law relations (commercial practices and lex mercatoria) . 2.1.2.3. Fairness. 2.1.2.4. The act of private autonomy.
Week 3 Contenuto sessioni on line e on campus
2.1.3. The formants. 2.1.3.1. Jurisprudence. 2.1.3.2. The doctrine. 2.2. The interpretation of the legislative sources. 2.3. The interpretation of the autonomy of private acts (referring to the interpretation of contracts). 2.4. Contradictions and gaps in privato.3.1 law. legal relationship and subjective legal situations. 3.2. Active subjective legal situations: power, power, power. 3.2.1. The subjective right (the notion of subjective right and its centrality in the classical theory of general law). 3.2.1.1. The traditional categories of subjective right: a) absolute right (real rights and of the person); b) a right; c) potestativo.3.1 law. legal relationship and subjective legal situations. 3.2. Active subjective legal situations: power, power, power. 3.2.1. The subjective right (the notion of subjective right and its centrality in the classical theory of general law). 3.2.1.1. The traditional categories of subjective right: a) absolute right (real rights and of the person); b) a right; c) potestative right.
Week 4 Contenuto sessioni on line e on campus
3.2.2. The legitimate interest. 3.2.3. The expectation. 3.2.4. The various interests. 3.2.5. Factual situations: possession and detention. 3.2.6. The interest worthy of protection. 3.3. passive subjective legal situations: duty, obligation, awe burden. 3.4. The status.4.1. The events of the legal relationship. 4.1.1. Availability and unavailability of rights. 4.1.2. Purchase of the subjective right to the original license or derivative (derivative-translational or derivative-constitutive) 4.1.3. Purchase for universal succession or particular. 4.1.4. The exercise of the individual right: the abuse of the right to the legitimate private. 4.2.5. The performance of duty or obligation. 4.2.5.1. The generic asset guarantee and special guarantees (notes and referral). 4.1.6. Extinction of the legal relationship. 4.2. The percentage of time the legal relationship. 4.2.1. Prescription. 4.2.2. Decadence. 4.3. legal affairs and judicial protection (action, exception, evidence) .5.1. The physical person. 5.1.1. Birth and acquisition of legal capacity and capacity to act. 5.1.2. Underage and emancipation. 5.1.3. Circumstances accidents on the capacity to act: natural incapacity, interdiction and incapacitation. (Deepening support administration) 5.1.4. Domicile, residence, home.
Week 5 Contenuto sessioni on line e on campus
5.1.5. Personal rights 5.1.5.1. Life, health and physical integrity. (Bioethical issues related to abortion, suicide, euthanasia, transplantation of organs from living, to artificial procreation) 5.1.5.2. Name, image, honor and reputation. 5.1.5.3. moral copyright. 5.1.5.4. Privacy, confidentiality and SO-CALLED right "to be alone". 5.1.5.5. Identity. 5.1.5.6. Any rights resulting from fondamentali.5.1.5 freedom. Disappearance, absence and presumed death declaration. 5.1.6. Death. 5.2. "Ficta" the person. 5.2.1. Non-profit organizations 5.2.1.1. Associations recognized and unrecognized. 5.2.1.2. 5.2.1.3 foundations. 5.2.1.4 Committees. voluntary organizations. 5.2.2. Bodies for profit. 5.2.2.1. Company of people. 5.2.2.2. Corporations. 5.2.2.3. Consortia, EEIG, cooperatives, joint venture. 5.2.3. The ability of entities. (Deepening: the story of the recognition of the rights of the person to the bodies) 5.2.4. Acquisition of legal and financial autonomy. 5.2.5. Administrative controls on institutions.
Week 6 Contenuto sessioni on line e on campus
6.1. The "things" and "property" as a private interest object underlying the legal relationship. 6.2. Classification of assets (tangible and not, the human body and other property of the person; movable, movable and immovable property registered; productive and unproductive; universality of furniture; universality of law; appliances; public goods; common goods; intangibles new generation) .7.1. Facts, acts in the strict sense and acts C.D. negotiating. 7.2. Classification of acts C.D. negotiation: one-sided, unilateral recettizi, and plurilateral, consensual or not; acts separately plurisoggettiva: collective, complex, collegial; in free or bound form, for probationem or procedural requirements) 7.2.1. The testament. 7.2.2. The contract. 7.3. Statements of scientia and will (expressed and tacit), concluding behavior and silence. 7.3.1. Form of acts by which the statements are produced: written deed, private contract, authenticated private, public document, electronic document. 7.3.2. Telegram, e-mail, copies of acts, mechanical reproductions, cards and household registers, annotations on a document, the accounting records of the entrepreneur. 7.4. The contrast between the Declaration and the will: the simulation of the act. 7.4.1. Absolute and relative simulation (subjective or objective). 7.4.2. Simulated effects of the act with respect to third parties and creditors. 7.4.2. The simulation action. 7.4.3. The shop simulated and trust companies. 7.5. Another case of conflict between the Declaration and the will: physical violence. The related problem concerning the vices of consent (nod or referral) .7.6. Representation in the fulfillment of the legal acts. 7.6.1. The ability required to allocate and receive the representative power. 7.6.2. The prosecutor, the abuse and the lack of power.
Week 7 Contenuto sessioni on line e on campus
7.7. The proof of the acts and facts in the process: the burden of proof. 7.7.1. Testimonial evidence. 7.7.2. Presumptions. 7.7.3. Confession. 7.7.4. Oath. 7.8. Disclosure of the documents and facts (types and effects) 7.8.1. In the transcript in real estate and furniture and registrati.8.1. The right to property: definition, content and functions. 8.2. The right to property as a paradigm of the absolute rights in rem. 8.3. From the property to "properties" (shaped). 8.3.1. The building property and land ownership. 8.4. The dogma of the typical characteristics of real rights. 8.4.1. Property in time and turnaria property (timeshare). 8.4.2. Trusts and assets intended for a purpose. 8.4.3. Right on the airspace. 8.5. The conditions for the acquisition of property rights to native title. 8.5.1. Employment and invention, adhesion, union and commingling, specification, purchase of fruits for separation, river increases, purchase of treasury. 8.5.2. Adverse possession. 8.6. The conditions for the acquisition of property rights as derivative. 8.6.1. Contracts translational and Succession. 8.6.1. a non domino effects of the acquisition and possession and transcription. 8.7. The limits to the exercise of property rights. 8.8. Communion and condo. 8.9. The actions in defense of property. 8.9.1. possessory actions and enunciazione.IX - The real rights of enjoyment and guarantee, also called minor real rights or on other people. 9.1. The real rights of enjoyment: 9.1.1 general. The right to the surface. 9.1.2. The right to lease. 9.1.3. The rights of usufruct, use and habitation. 9.1.4. Easements. 9.1.5. real costs and real bonds. 9.2. The real rights of guarantee: general. 9.2.1. The mortgage. 9.2.2. The pledge.
X - The possession of things that can be the subject of rights in rem. 10.1. Possession and detention: overview and reference to what was said in par. 3.2.5. 10.2. Start and end. Succession and accession in possession. 10.3. Titrated possession, illegal possession and the role of good faith. 10.4. The actions to defend the possession: possessory actions and enunciation.
Week 8 Contenuto sessioni on line e on campus
XI - Characters and events of the obligatory relationship. 11.1. The characters (structure, nature and content) of the Civil Obligations. 11.2. The sources of the Civil Obligations: notes and referral. 11.3. Natural bonds. 11.4. Typical bond categories: financial, alternative, solidarity, divisible and indivisible. 11.5. Extinction of the obligation. 11.5.1. The fulfillment and the role of good faith. 11.5.1.1. The default of the creditor and the liberating deposit. 11.5.2. The ways of extinguishing different from performance. 11.5.2.1. satisfattori ways: a) compensation; b) confusion. 11.5.2.2. Ways not satisfattori: a) innovation objective; b) debt forgiveness; c) sopravvenuta.11.6 impossibility. The pathology of the obligatory relationship: non-performance. 11.6.1. The debtor. 11.6.2. Compensation for damages from non-performance. 11.6.3. penalty clause. 11.6.4. Deposit. 11.7. The financial liability. 11.7.1. The generic property collateral, the specific safeguards and enforcement proceedings. 11.7.1.1. Typical exceptions to the principle of equal treatment of creditors. 11.7.1.2. The specific guarantees: a) legitimate causes of pre-emption; b) privileges; c) mortgage and pledge: referral; d) the personal guarantees, in particular the guarantee, the guarantees on first demand and autonomous guarantee contracts); e) the supply and disposal for the purpose of garanzia.11.7.2. Pickling of the collateral. 11.7.2.1. suspension, except for non-performance and loss of the benefit of the term. 11.7.2.2. Seizure of. 11.7.2.3. subrogation action. 11.7.2.4. Action Service and an insolvency.
Week 9 Contenuto sessioni on line e on campus
11.8. Modifications to the obligatory relation. 11.8.1. objective changes: a) repetition; b) real subrogation. 11.8.2. CHANGES from the active side: a) transfer of credits; b) subrogation for payment. 11.8.3. CHANGES from the liabilities side: a) delegation; b) exclusion; c) taking over, d) novation soggettiva.12.1. The contract: definition and general information. 12.1.1. Contracts to real effects and binding effects. 12.1.2. Contract generally, consumer contracts and contracts between entrepreneurs. 12.1.3. Irrevocability of the contractual agreement and withdrawal. 12.2. The private autonomy and interpretation of the contract. 12.3. Unilateral acts and the store's theory. 12.4. The essential elements of the contract. 12.4.1. The cause: generalities. 12.4.1.1. Atypical contract and the worthiness of the interest. 12.4.1.2. mixed contract, contractual links, economic operation, indirect store and contract in circumvention of the law. 12.4.1.3. The motivi.12.4.2. The agreement: general. 12.4.2.1. Conclusion of the contract inter absentes by traditional or electronic tools. 12.4.2.2. Conclusion of the contract by means of execution beginning. 12.4.2.3. Negotiations and pre-contractual liability. 12.4.2.4. irrevocable option proposal. 12.4.2.5. Preemption voluntary and legal. 12.4.2.6. The preliminary contract. 12.4.2.7. Offer to the public, multilateral contract and open contract. 12.4.2.8. Contractual obligations with the only proposer 12.4.2.9. SO-CALLED contractual relationships in fact or based on SO-CALLED social contact. 12.4.2.10. The actual contracts. 12.4.2.11. The simulation of the contract. 12.4.2.12. The vices of the will: generalities. 12.4.2.12.1. Error. 12.4.2.12.2. Violence. 12.4.2.12.3. Dolo.
Week 10 Contenuto sessioni on line e on campus
12.4.3. The object: general. 12.4.3.1. The determination by the third part of the content of the contract. 12.4.3.2. Contract concluded for forms or forms and general conditions of contract. 12.4.3.3. Unfair and abusive. 12.4.3.4. The automatic replacement clauses of use clauses. 12.4.4. The form: general. 12.4.3.1. Form to substance. 12.4.3.2. Shape probationem off. Accidental elements of the contract. 12.5.1. The condition. 12.5.2. Presupposition. 12.5.2. The term. 12.5.3. The modus.12.6. Effects of the contract towards third: general. 12.6.1. The representative 12.6.2. The contract in favor of third. 12.6.3. The contract for the person to be appointed. 12.6.4. The promise of the fact of the third and the sale of another's thing. 12.7. Transfer of the lease. 12.8. The invalidity of the contract. The invalidity: causes, discipline and SO-CALLED Conversion of a void contract. The annulment: causes, discipline and SO-CALLED validation of voidable contract. 12.9. The termination of the contract. 12.9.1. dangerous state. 12.9.2. Need. 12:10. The termination of the contract. 12.10.1. The foundation 12.10.2. The non-performance. 12.10.3. The impossibility. 12.10.4. The excessive burden. 12.10.5. The voluntary dissolution of the relationship contrattuale. The typical contracts: vendita, permuta, donazione, locazione, comodato, mutuo, mandato, appalto, fideiussione, transazione, donazione.
Week 11 Contenuto sessioni on line e on campus
13. Other acts or facts sources of obligation other than contract and tort. The tort liability: introduction. Art. 2043 cc
Week 12 Contenuto sessioni on line e on campus
The notion of unfair damage and the types of damage. The criteria for attributing liability. The sharing of responsibility. Compensation.