ITALIAN PRIVATE LAW

I. - The private law in the legal system theory. 1.1. The right in the objective sense and the legal system. 1.2. The legal rule. 1.3. What is private law. 1.4. Nature and function of private law’s rules. 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 the Italian legal system.

1.6 . Private international law and international private law. 1.7 . The private procedural law. 1.8 . The economic analysis of private law. 2.1 Sources and “formants” of private law. 2.1.1. The legislative sources. 2.1.1.1. “Costituzione” and constitutional laws. 2.1.1.2. EU 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 government regulations. 2.1.1.5. International sources: uniform law conventions and private international law conventions. 2.1.2. The non-legislative sources 2.1.2.1 The custom. 2.1.2.2. The customary rules in international private law relations (commercial practices and lex mercatoria). 2.1.2.3. “Equità”. 2.1.2.4. The act of private autonomy.

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 Legal relationship and subjective legal situations. 3.2. Active subjective legal situations: power, authority and faculty. 3.2.1. The subjective right (the notion of subjective right and its centrality in the classical theory of private law). 3.2.1.1. The traditional categories of subjective right: a) absolute right (real rights and rights of the person); b) relative right; c) potestative right.

3.2.2. The legitimate interest. 3.2.3. The expectation. 3.2.4. The diffuse 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, burden. 3.4. The status.4.1. The events of the legal relationship. 4.1.1. Availability and unavailability of rights. 4.1.2. Acquisition of the subjective right by original or derivative title (derivative-translative or derivative-constitutive) 4.1.3. Acquisition by universal or particular succession. 4.1.4. The exercise of the individual right: form the abuse of the right to the legitimate interest private. 4.1.5. The performance of duty or obligation. 4.1.5.1. The generic asset guarantee and special guarantees (notes and referral). 4.1.6. Extinction of the legal relationship. 4.2. The impact of time on legal relationship. 4.2.1. Prescription. 4.2.2. Decadence. 4.3. 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 affecting capacity to act: natural incapacity, interdiction and inabilitation; support administration. 5.1.4. Domicile, residence, home.

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 and data protection. 5.1.5.5. Identity. 5.1.5.6. Rights arising from fundamental freedoms. 5.1.5 Disappearance, absence and presumed death declaration. 5.1.6. Death. 5.2. Legal persons or “Personae fictae”. 5.2.1. Non-profit organizations 5.2.1.1. Associations recognized and unrecognized. 5.2.1.2. Foundations. 5.2.1.3 Committees. 5.2.1.4 Volunteer organizations. 5.2.2. For-profit entities. 5.2.2.1. Corporate partnerships. 5.2.2.2. Corporations. 5.2.2.3. Consortia, EEIG, cooperatives, joint venture. 5.2.3. The ability of entities. 5.2.4. Acquisition of legal and financial autonomy. 5.2.5. Administrative controls on institutions.

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 movable assets; universality of law; appliances; public goods; common goods; intangibles of new generation) .7.1. Facts, acts in the strict sense and “negozio giuridico”. 7.2. Classification of “negozi giuridici”: one-sided, recetitious act, 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 will. 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, notarized private deed, public document, electronic document. 7.3.2. Telegram, e-mail, copies of acts, mechanical reproductions, 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. Simulated contract 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 power of attorney, the abuse and the lack of power.

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. Time ownership and shifting ownership (“multiproprietà”). 8.4.2. Trusts and assets intended for a purpose. 8.4.3. Right of cubage. 8.5. The conditions for the acquisition of property rights “a titolo originario”. 8.5.1. Occupation and invention, adhesion, union and commingling, specification, acquisition of fruits for separation, river increases, purchase of treasury. 8.5.2. Usucapion. 8.6. Ways of acquiring the right to property by way of derivative title. 8.6.1. Translation contracts and mortis causa successions. 8.6.1. A non domino purchase and effects of the acquisition and possession and transcription. 8.7. The limits to the exercise of property rights. 8.8. Communion and condominium. 8.9. The actions in defense of property. 8.9.1. Possessory and nunciations actions. IX - The real rights of enjoyment and guarantee. 9.1. The real rights of enjoyment in general. 9.1.1 The right to 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. “Obbligazioni reali” and “oneri reali”. 9.2. The real rights of guarantee in general. 9.2.1. The mortgage. 9.2.2. The pledge. X - The possession. 10.1. Possession and detention: overview. 10.2. Start and end. Succession and accession in possession. 10.3. Entitled possession, illegal possession and the role of good faith. 10.4. The actions to defend the possession: possessory actions and nunciation actions.

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” obligations. 11.4. Obligations ‘categories: monteary, alternative, joint and several, 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. Satisfactory ways: a) compensation; b) confusion. 11.5.2.2. Not satisfactory ways: a) objective novation; b) debt forgiveness; c) supervening impossibility. 11.6 The pathology of the obligatory relationship: non-performance. 11.6.1. The debtor’s default. 11.6.2. Compensation for damages from non-performance. 11.6.3. Penalty clause. 11.6.4. Deposit. 11.7. Asset liability. 11.7.1. The generic asset guarantee, the specific guarantees and the 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 “fideiussione”, the guarantees at first demand and the autonomous guarantee contract); e) transfers and disposals for collateral purposes. 11.7.2. Means of preserving asset security. 11.7.2.1. Stay of execution, exception of default and forfeiture of the benefit of termin. 11.7.2.2. Seizure of. 11.7.2.3. Subrogation action. 11.7.2.4. ordinary and bankruptcy revocatory action.

11.8. Modifying events in the obligatory relationship. 11.8.1. Objective changes: a) repetition; b) real subrogation. 11.8.2. Changes from the active side: a) transfer of credit; b) subrogation for payment. 11.8.3. Changes from the liabilities side: a) delegation; b) expromission; c) assumption; d) subjective novation.12.1. The contract: definition and generalities. 12.1.1. Contracts with real effects and obligatory effects. 12.1.2. Contract in civil code, 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 theory of the “negozio giuridico”. 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, related contracts, economic operation, indirect contracts 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 proposal and option. 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. Contract with obligations of the proposer only. 12.4.2.9. So-called contractual relationships in fact or based on so-called social contact. 12.4.2.10. Contracts requiring delivery. 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. Fraud as a defect of consent.

12.4.3. The object: generalities. 12.4.3.1. The determination by the third part of the content of the contract. 12.4.3.2. Contract concluded for forms and general terms and conditions of contract. 12.4.3.3. Unfair and abusive terms. 12.4.3.4. The automatic substitution of clauses; usage clauses. 12.4.4. The form: general. 12.4.3.1. Form “ad substantiam”. 12.4.3.2. Form “ad probationem”. 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 parties: generalities. 12.6.1. The (power of) representation. 12.6.2. The contract in favor of a third party. 12.6.3. The contract for the person to be appointed. 12.6.4. The promise of the fact of a third party and the sale of another's thing. 12.7. Transfer of the contract. 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. State of danger. 12.9.2. State of need. 12.10. The termination of the contract. 12.10.1. The basis. 12.10.2. The non-performance. 12.10.3. The supervening impossibility. 12.10.4. The supervening excessive onerousness. 12.10.5. The voluntary dissolution of the contractual relationship. The typical contracts: sale, exchange, donation, lease, loan, mortgage, mandate, contract, surety and transaction.

13. Other acts or facts sources of obligation other than contract and tort. The tort liability: introduction. Art. 2043 c.c.

The notion of unjust damage and the types of damage. The criteria for attributing liability. The sharing of responsibility. Damage compensation.