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.

Prerequisites

None.

Intended learning outcomes

Knowledge and understanding. The course aims to provide students with the basic notions and fundamental principles of the legal system governing relationships among private parties, with particular attention to the method of economic analysis of private law. Special emphasis will be placed on the main areas of Italian private law, with references to European private law: general principles, family law, succession law, property law, obligations and contracts, tort liability, patrimonial liability and security interests. Applying knowledge and understanding. The course is intended to provide students with the tools for a first systematic approach to law, enabling them to apply legal rules to concrete cases and to understand the relationships between institutions, law and economics. Making judgements. Students will acquire the methodological tools necessary to use the basic legal knowledge gained during the course in the professional contexts in which they may operate. They will therefore be able to critically analyse the principles and rules governing relationships among private parties and between private parties and the institutions of economic law, both public and private, at national, European and international level. Communication skills. These skills will be assessed mainly during the final oral examination and will also be monitored throughout the course through class discussion and interaction with students. Learning skills. The availability of teaching materials on the Moodle platform, including slides and practice materials, will support ongoing interaction between students and lecturer and will foster the development of an autonomous method of study, with particular regard to legislative and case-law developments in a subject characterised by continuous legal change.

Course Contents

The course deals with the main areas of Italian private law, with references to European private law, including general principles, family law, succession law, property law, obligations and contracts, tort liability, patrimonial liability and security interests.

Reference Books

F. Di Ciommo, Manuale di diritto privato, Turin, Giappichelli, 2nd ed., 2025. An updated edition of the Italian Civil Code, including the Constitution and the main private law legislation.

Teaching Methods

Lectures will focus on an in-depth analysis of the topics included in the course contents, with constant reference to practical cases. Teaching activities may also make use of slides, class discussion and guided exercises.

Assessment Method

The course includes a mandatory mid-term test, to be taken in written form during the period scheduled by the School for the suspension of classes. The mid-term test is aimed at assessing the knowledge acquired in the first part of the course and the ability to apply that knowledge to questions and practical cases. The final examination consists of an oral interview. Students are expected to demonstrate knowledge and understanding of the main topics of the course, the ability to frame them systematically, and the ability to apply the relevant legal rules and institutions to practical cases, using proper legal terminology. The final grade is expressed in thirtieths and takes into account both the mid-term test and the final oral examination, according to the criteria communicated by the lecturer at the beginning of the course and consistently with the Luiss educational model applicable to the course. Assessment will focus in particular on: a) knowledge and understanding of the main legal institutions and principles; b) ability to apply the acquired knowledge to practical cases; c) proper use of legal terminology; d) ability to identify the relevant sources and to develop an autonomous method of study. Serious gaps concerning one or more institutions or principles may lead to a failing grade even where the student shows only partial knowledge of the subject. Failure to achieve the minimum passing grade results in failure of the examination. For students to whom the current Luiss educational model applies, the School’s rules on the conduct of examinations and on the non-refusability of grades remain applicable.

Thesis assignment criteria

Upon request by students showing a genuine interest in the subject. The final paper must be submitted to the lecturer in its final version at least thirty days before the relevant administrative deadline.

Week 1

Session 1 Private law within the theory of the legal system. Law and the legal system. The codification of private law: a historical and systematic approach. Session 2 Legal rules. Private law and public law. Nature and functions of private-law rules. A look at comparative private law. Civil law and common law systems. Session 3 Private law and territory: national private law, private international law and European private law. Sources of law. Statutes. The Constitution and constitutional laws. Regional and other sub-state legislation. Administrative regulations. International sources: treaties. Custom and usages. Customary rules in private international and commercial relations (trade usages and lex mercatoria). Equity. Case law. Legal scholarship. Di Ciommo, Chapters I and II.

Week 2

Session 1 Sources of law in the European Union: treaties, regulations, directives and recommendations. Session 2 Interpretation of law. Legal theories, with particular reference to economic analysis of law. Legal situations and legal relationships. Positions of advantage: powers and faculties. Session 3 Subjective rights: notion and role within the traditional theory of private law. Traditional categories of rights. Legitimate interests. Expectancies (future interests). Collective and diffuse interests. Class action. Protection of factual situations: possession and detention. Positions of disadvantage: duties, obligations and burdens. Status. Di Ciommo, Chapters I, II and III.

Week 3

Session 1 Events affecting legal relationships. Transferable and non-transferable rights. Acquisition by original title and by derivative title. Acquisition mortis causa. Abuse of rights. Performance of duties. Session 2 Extinction of legal relationships. Limitation periods and forfeiture. Parties to legal relationships. Natural persons. Legal capacity and capacity to act. Minors and persons with disabilities. Habitual residence and domicile. Session 3 Rights of the person. Name, image and reputation. Privacy and confidentiality. Personal identity. Fundamental freedoms. Life, health and physical integrity. Bioethical issues: abortion, assisted suicide, euthanasia, organ transplantation and assisted reproduction. Absence, death and presumed death. Legal persons. Associations and foundations. Di Ciommo, Chapters III and IV.

Week 4

Session 1 Family law and its recent developments. Marriage. Personal relations between spouses. Judicial separation. Dissolution of marriage and divorce. Parentage. Session 2 The family property regime. Community property and conventional community property. Separation of property. A separate patrimony: the family fund. The family business. Session 3 Assets as the object of private interests in legal relationships. Categories of assets: private and public assets, movable and immovable assets, fruit-bearing and non-fruit-bearing assets, the human body, tangible and intangible assets, “new” assets, copyright and intellectual property. Rights in rem. Ownership: definition, object and functions. Ownership rights as the archetype of absolute rights. Different forms of ownership. Building ownership. Lights and views. Di Ciommo, Chapters V, VII and IX.

Week 5

Session 1 Modes of original acquisition of ownership. Occupation, accession, union and commingling, acquisition of fruits and finding. Adverse possession: introductory remarks. Session 2 Modes of derivative acquisition: contract and succession. Acquisition from a non-owner and the effects of possession (Article 1153 of the Italian Civil Code). Transfers of immovable property and public registration. Actions protecting ownership. Co-ownership and condominium. Session 3 Limited rights in rem: usufruct, use, habitation, superficies, emphyteusis and easements. Possession and detention. Succession in possession. The role of good faith in possession law. Adverse possession. Possessory remedies. Trust. Di Ciommo, Chapters IV, XI (trust) and IX.

Week 6

Session 1 Succession mortis causa. Vocation and delation. Vacant inheritance. Capacity to succeed. Unworthiness to inherit. Substitution. Representation. Accretion. Session 2 Acceptance and renunciation of inheritance. Acceptance with benefit of inventory. Separation of the deceased’s assets from those of the heir. Actions protecting the heir. Succession by law: intestate succession and forced heirship. Testamentary succession. Succession by particular title: legacies. The prohibition of succession agreements and the family pact. Session 3 The legal relationship between debtor and creditor: obligations. Subjects and structure of the obligation. Sources of obligations. Natural obligations. General rules on performance: place and time of performance, imputation of payment, receipt, incapacity, and performance in lieu of fulfilment. Di Ciommo, Chapters VIII, V and X.

Week 7

Session 1 Performance and non-performance of obligations. Structure of the relevant legal situations and allocation of risks between debtor and creditor. Debtor’s default. Session 2 Damages for non-performance. Creditor’s default. Other ways of extinguishing obligations, other than performance: satisfaction and non-satisfaction mechanisms. Changes in the parties to the obligation: changes on the creditor’s side (subrogation and assignment of claims) and on the debtor’s side (delegation, expromission and assumption of debt). Session 3 Different types of obligations: alternative, pecuniary, joint and several, divisible and indivisible obligations. Patrimonial liability: the general guarantee and means for its preservation. Enforcement against the debtor’s assets. Di Ciommo, Chapter X.

Week 8

Session 1 The principle of equality among creditors. Rights of preference: privileges, pledge and mortgage. Non-possessory security interests in movable assets. Suretyship and autonomous guarantee contracts. Session 2 Unilateral promises and contracts. Contract: definition and general features. Donation. The general law of contract. Business-to-consumer contracts and the Consumer Code. Business-to-business contracts. Session 3 Binding force of contract and the right of withdrawal. Cooling-off rights. Essential elements of the contract: introductory remarks. Di Ciommo, Chapters X, XI, XII and XIII.

Week 9

Session 1 Freedom of contract. Not nominated (in civil code) contracts and the protection of the parties’ interests within the legal system. Agreement: rules and formation. Formation of contracts through the beginning of performance. Formation of electronic contracts. Negotiations and pre-contractual liability. Session 2 Irrevocable offer and option. Legal and contractual rights of pre-emption. Preliminary contract. Offer to the public. Multilateral contracts. Contracts arising out of factual relationships and qualified social contact. Session 3 Standard form contracts. Unfair terms. Automatic substitution of contractual clauses. Di Ciommo, Chapters X and XI.

Week 10

Session 1 Cause (causa) of the contract. Mixed contracts and connected contracts. Contracts in fraud of the law. The legal relevance of the contractual motive. The object of the contract. Determination by a third party. Session 2 Contractual form. Form required for validity and form required for evidentiary purposes. Contracts subject to condition. Effects of the contract. Session 3 Representation. Contract for the benefit of a third party. Contract for a person to be named. Promise of the obligation or performance of a third party. Assignment of contract. Interpretation of contract. Di Ciommo, Chapter XI.

Week 11

Session 1 Contractual invalidity. Voidability of the contract and confirmation. Nullity of the contract. Invalidity of consumer contracts. Session 2 Rescission of contract. Termination of contract for non-performance, supervening impossibility and excessive onerousness. The main nominated contracts: sale, lease, agency. Session 3 Tort liability. The general clause of wrongful damage. Fault, damage and causation. The evolution of tort liability: strict liability. The expansion of recoverable damage. Pecuniary and non-pecuniary damage. Product liability. Environmental liability. Di Ciommo, Chapters XI, XII and XIV.

Week 12

Revision of the main topics covered during the course, with a practical focus in view of the final examination, and with particular attention to the connections between different areas of the subject, as well as to general principles.