ITALIAN PRIVATE LAW

ITALIAN PRIVATE LAW

Onofrio Troiano

Instructional goals

The course aims to introduce students to the basic knowledge of private law and give them the capacity of understanding and using properly the legal language and the method of interpretation.

Intended learning outcomes

Knowledge and Understanding. The subject aims to provide the student with the notions and fundamental principles of the legal system intended to regulate the relationships between private individuals, with particular emphasis on the method of economic analysis of civil law. Emphasis will be placed on the most relevant profiles of Italian private law (with references to European private law), such as: the general part and principles; family law, successions, property, obligations and contracts, extra-contractual responsibility, civil liability of debtor and securities. Ability to apply knowledge and understanding. The course aims to provide the terminological tools for an initial systematic approach to law with skill to apply the rules to concrete cases and to understand the roles and relationships between institutions, law, and economics. Autonomy of Judgment. The reference methods are inductive, deductive, static and dynamic. The student will acquire the methodological tools that will allow him/her to apply the basic legal knowledge acquired during the courses, in the working contexts in which he/she will operate: therefore, he/she will be able to critically analyze the principles and relationships that govern the relationships between private individuals and those with the institutions of economic law, both public and private, at an international, european, and national level. Communication skills. These skills, will be evaluated in the final assessment (written and/or oral) and monitored in progress through free speech held by students during the course. Learning skills. The presence of multimedia content available on Moodle platform (videos, slides, exercises, forums, work groups, etc..) will give the possibility to create a permanent interaction between class and teacher giving the opportunity to verify in real time hard and soft skills acquired by students and, in particular, the acquisition of a study methodology that allows to take care of their own future training and updating, with particular regard to legislative and jurisprudential formants, in a subject characterized by continuous changes of rules to adapt them to economic and social transformations.

Course Contents

The course of lessons will deal with the most relevant topics of the Italian private law (with some reference to the European private law), such as: general part and principles; person's rights; family law; succession law; property law; obligations and contracts; torts; civil liability of debtor and securities.

Reference Books

F. Di Ciommo, Manuale di diritto privato, parte I, Torino, Giappichelli, ed. 2021. F. Di Ciommo, Manuale di diritto privato, parte II, Torino, Giappichelli, ed. 2021. Codice civile italiano, edition 2022.

Teaching Methods

The lectures of frontal teaching 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 by preparing slides and conducting exercises.

Assessment Method

The examination consists of an oral interview in which the student must demonstrate knowledge and understanding of the main topics covered in the modules of the teaching program. The student must be able to independently and critically analyze the discipline and the institutes covered by the course, correctly using the legal vocabulary proper to the subject, demonstrating that he or she has attained the study method and learning ability necessary to continue the in-depth study of the subject also independently. The student must demonstrate the ability to reason, applying the institutes studied to practical cases brought to his or her attention by the lecturer through the presentation of concrete examples. 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: a) knowledge and understanding of the institutes and principles of the subject and ability to apply them to concrete cases (70%); b) 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): there is a group work through which students will have to analyze and discuss case law cases. Through this test, it is intended to test the ability to apply acquired knowledge and autonomy of judgment. The score obtained in this activity remains valid until December 2022. 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 deficiencies in one or more of the institutes or principles will result in a failing grade even with basic knowledge of the subject. Failure to achieve a score of 18/30 will result in failing the exam. Correctly answering all questions and demonstrating an excellent level of preparation will result in a score of 30/30 with the award of honors.

Thesis assignment criteria

On application by students who are really interested in private law matters. The final paper must be given at least thirdy days before the deadline.

Does the syllabus cover sustainability topics?

NO

Week 1 Contenuto sessioni on line e on campus

Session 1 on line Private law in the theory of the legal system. Law and legal system. The codification of private law: a systematic approach. Session 2 on campus The legal rules. Private law and public law. Nature and functions of the rules of private law. A look at comparative private law. Civil law and common law systems. Session 3 on campus Private law and territory: private law (national and codification of national private law systems), international private law, European private law. The sources. The law. The constitution and constitutional laws. Sub-state laws and other sources of law. The administrative regulations. International sources: treaties. Customs and usages. Customs in private international law relations (commercial customs and lex mercatoria). Fairness. Jurisprudence. Doctrine. Di Ciommo, Chapters I and II

Week 2 Contenuto sessioni on line e on campus

Session 1 on line The sources of law in the European Union: treaties, regulations, directives, recommendations. Session 2 on campus Interpretation of the law. Legal theories with particular reference to the economic analysis of law. Subjective legal situations. The legal relationship. The legal situations of advantage: powers and faculties. Session 3 on campus The subjective rights (notion and their crucial role in the traditional theory of private law). The traditional categories of rights. The legitimate interests The expectation. Class interests and widespread interests. The protection of factual situations: possession and detention. Disadvantageous legal situations: duties, obligations, burdens. The statuses Di Ciommo, Chapters I, II and III

Week 3 Contenuto sessioni on line e on campus

Session 1 on line Legal relations. Alienable and inalienable rights. Original and derivative purchases. Purchases by inheritance. Abuse of the right. Assignment of duties. Session 2 on campus The extinction of the legal relationship. Prescription and forfeiture. The parties to the legal relationship. The natural person. Legal capacity and capacity to act. Minors and disabled persons. The habitual residence and domicile. Session 3 on campus The rights of the personality. Name, image and reputation. Privacy and right to confidentiality. Personal identity. Fundamental freedoms. Life, health and physical integrity. Bioethics issues: suicide, abortion, euthanasia, organ transplantation, assisted reproduction. Absence, death and presumed death. Legal persons. Associations and Foundations (Charities). Di Ciommo, chapters III and IV.

Week 4 Contenuto sessioni on line e on campus

Session 1 Family law and its recent evolution. Marriage. Personal relationships between spouses. Personal separation. The dissolution of marriage and divorce. Child Law. Session 2 on campus The family patrimonial regime. The legal and conventional communion. The separation of assets. A separate patrimony: the patrimonial fund. The family business. Session 3 on campus Assets as the object of private interests in legal relations. Goods and their Categories: private and public goods, movable and immovable goods, interest-bearing and non-interest-bearing goods, the human body, tangible and intangible goods, 'new' goods, copyright and intellectual property. Rights in rem. The right to property: definition, object and functions. Property rights as an archetype of absolute rights. Different types of property. Building property. Lights and views. Di Ciommo, chapters V, VII, IX

Week 5 Contenuto sessioni on line e on campus

Session 1 on line Ways to purchase the property in the original title. Occupation, invention, access, union and mixing, purchase of fruit, invention. Usucapione (nods). Session 2 on campus Ways of purchase by derivation: contract and succession. Non-domino purchases and effects of possession (art. 1153 Civil Code). Circulation of real estate and transcription. Actions to protect ownership. Communion and condominium. Session 3 on campus Real rights of enjoyment: usufruct, use, dwelling, surface, emphyteusis, easement. Possession and detention. Succession in possession. The role of good faith in matters of possession. Usucapione. Actions to protect possession. Actions of nunciation. The trust Di Ciommo, chapters IV e XI (trust), IX

Week 6 Contenuto sessioni on line e on campus

Session 1 on line The inheritance mortis causa. Vocation and delation. Inheritance lying. Capacity to succeed. Unworthiness. Replacement. Right of representation. Right of growth. Session 2 on campus The purchase and waiver of inheritance. Acceptance with benefit of inventory. Separation of assets of the deceased from those of the heir. Actions to protect the heir. waiver of inheritance. Succession by law: legitimate succession and necessary succession. Testamentary succession. Succession by special title. The legacy The prohibition of succession agreements and the family pact. Session 3 on campus The legal relationship between debtor and creditor: the obligation. Subjects and structure of the obligation. Sources of the obligation. General rules on the performance of obligations: place, time, imputation of payment, receipt, incapacity, performance in lieu of performance. Imperfect or natural obligations. Di Ciommo, chapters VIII, V, X

Week 7 Contenuto sessioni on line e on campus

Session 1 on line Performance and non-fulfilment of obligations: configuration of the facts and distribution of risks between debtor and creditor The debtor's default Session 2 on campus Damages due to non-performance The creditor's arrears Other ways of extinguishing the obligation (other than settlement): satisfying and non satisfying ways Subjective changes of the obligation. changes on the assets side (subrogation and assignment of the credit) and on the liabilities side (delegation, expulsion, acceptance) Session 3 on campus The different types of bonds: alternative, pecuniary, joint and several, divisible and indivisible Assets liability: general guarantee and means of its preservation. Enforcement on the debtor's assets Di Ciommo, chapter X

Week 8 Contenuto sessioni on line e on campus

Session 1 on line The principle of equality between creditors. Rights of pre-emption. liens, pledge mortgage. non-holding securities. Guarantee bonds and Standby Letters of Credit. Session 2 on campus Unilateral promises and the contract. Contract: definition and general features. Donation. Contract and conveyance. Contract entered into between consumers and business. Contracts entered into between business and business. Session 3 on campus Binding contracts and the right to withdraw. Essential parts of a contracts (introduction to). Di Ciommo, chapters X, XI, XIII

Week 9 Contenuto sessioni on line e on campus

Session 1 on line Freedom of contract: innominate contracts and the interest of private parties within the legal system. The agreement: provisions. Formation of contract between distant parties by using computerized means. Formation of contract due to the starting of its performance. Negotiation and pre-contractual liability. Session 2 on campus Irrevocable offer and option to conclude a contract. Voluntary and legal pre-emption rights. Pre-contract. Offer to the word at large. Multilateral agreements and open contracts. Contracts due to factual relationships and social contracts. Session 3 on campus Other kind of contracts. Standard form contracts. Abusive clauses. Automatic substitution of clauses. Di Ciommo, chapters X, XI

Week 10 Contenuto sessioni on line e on campus

Session 1 on line Consideration of contract. Mixed contracts and tied contracts. Fraud on a statute. The underlying motives. The subject matter of the contract: on overview. The faculty for a third person to determine the content of the contract. Session 2 on campus The form of contract. Compulsory form for the validity of the contract or for the proof thereof. Condition precedent. Time on/by which the contract takes effects. Encumbrances. Legal effects of contract. Session 3 on campus Agency and the contract to the benefit of a third person. Contract for person to be named. Promise of obligation or act of third person. Agreement to sell someone else's property. Assignment of contract. Di Ciommo, chapter XI

Week 11 Contenuto sessioni on line e on campus

Session 1 on line Invalidity of contract: grounds and treatment. Annulment of contract: ground and treatment. Affirmation of voidable contract. Avoidance of contract entered into under duress. Session 2 on campus Rescission of contract for gross disparity. Discharge or cancellation for breach of contract. Discharge of contract by frustration. Termination of contract for hardship. Principal contracts: sale, lease, construction, transport, agency. Session 3 on campus Tort liability. Tortius fault, damage, causality rules. Evolution of tort liability. Liability without fault (strict liability). Widening of the repayable damage. Pecuniary and non-pecuniary damage: novels on non-pecuniary damage. Product liability. Environmental liability. Remedies. Di Ciommo, chapters XI, IX

Week 12 Contenuto sessioni on line e on campus

Repetition, with a practical angle towards taking the exam, on main topics discussed in the course, with special attention to interrelations between different disciplines, to the general part and to principles of private law.