ITALIAN PRIVATE LAW

The course aims at providing students with the basics of private law that will be useful in economic studies and in the professions they will decide to undertake.

No pre-requisite required.

Knowledge and understanding. Ability to apply knowledge and understanding. Judgment autonomy. Communication skills. Learning ability. At the end of the course, the students will be able to: • understand the main theorical and analytical tools of private law: methods, concepts, measures; • have an in-depth knowledge on the main stages of the Italian private law as well as on the mechanisms behind them; • read, discuss and criticize the Italian and EU jurisprudence. For the purpose of awarding the grade in thirtieths, the following evaluation criteria will be taken into account: 1. Final test (100%): The final test will be oral and will be evaluated as follows: o knowledge and understanding of the institutes and principles of the subject and ability to apply them to concrete cases (70%); o ownership of technical-legal vocabulary, ability to consult and evaluate relevant sources, and acquisition of study method (30%). 2. Project work (0-2 Bonus Points): a group work is planned through which students will have to analyze and discuss case law cases. Through this test, it is intended to test the ability to apply the acquired knowledge and autonomy of judgment. The score obtained in this activity remains valid until December 2023. Students who do not take the project work will be evaluated on the final test and may earn a maximum score of 30/30. Formative gaps on one or more of the institutes or principles will result in an insufficient grade even with a basic knowledge of the subject. Teaching Methods. Frontal didactic lectures will be characterized by an in-depth study of the topics indicated in the course content and the constant use of references to acts and concrete cases, including through the performance of exercises.

Introductory study. The rule of law. The sources of law. The notion of private law. The interpretation of the law and the analogy. General profiles of the human rights, family and succession law. Property law. Bonds: performance, breach, the events of obligation, monetary obligations and solidarity, protection of credit and obligation guarantees. Contracts: the contract in general, formation and events of the contract, the individual nominal contracts. Consumer and micro-enterprices law. The tort, other sources of obligations. Rights protection. The transcript, the mortgaging, patrimonial guarantee defense actions, the prescription.

Consultation of the civil code and the main special laws - is chosen by the student. The program encompasses the entire subject matter in the manuals of institutions of private law, except for the sections on the company and the companies, banking contracts and stock exchange, debt securities, bankruptcy and insolvency procedures, the relationship employment and the right to organize For the exam it is recommended: R. CARLEO, S. MARTUCCELLI, S. RUPERTO (a cura di), Istituzioni di diritto privato, Dike Giuridica Editrice, Roma, 2023. Consultation of the civil code and the main special laws - is chosen by the student. The program encompasses the entire subject matter in the manuals of institutions of private law, except for the sections on the company and the companies, banking contracts and stock exchange, debt securities, bankruptcy and insolvency procedures, the relationship employment and the right to organize For the exam it is recommended: R. CARLEO, S. MARTUCCELLI, S. RUPERTO (a cura di), Istituzioni di diritto privato, Dike Giuridica Editrice, Roma, 2023. https://luiss.alma.exlibrisgroup.com/discovery/openurl?institution=39LLUISSGC_INST&rfr_id=info:sid%2Fsummon&rft_dat=ie%3D2173639300004196,language%3DEN&svc_dat=CTO&u.ignore_date_coverage=true&vid=39LLUISSGC_INST:Services&Force_direct=false. In addition to the manual, the student will have to study five lessons (student's choice) taken from the text: Various Authors, Dieci lezioni introduttive a un corso di Diritto Privato, UTET, 2006.

Frontal and online lectures and open debates in the class are envisaged in the teaching course Interaction with the students, is highly recommended, urging them to answer questions and to make them, also in order to verify the level of the understanding of the topics covered.

The exam consists of an oral interview in which the student will have to demonstrate knowledge and understanding of the institutions and principles of private law and knowing how to apply them to practical cases submitted to his attention by the teacher through the prospect of concrete examples. The student will have to be able to independently analyze the sources and relevant legal orientations of private law and correctly use the technical-legal vocabulary of the subject, thus demonstrating that he has achieved the study method and learning ability necessary to continue the study 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.

Interest for the discipline. Active participation to the classes. Quality and relevance of the proposed topic.