ITALIAN PRIVATE LAW

I. – Private law in the theory of the legal system. 1.1. Objective law and the legal system. 1.2. The legal norm.1.3. What is private law. 1.4. Nature and function of private law norms.1.5. The polymorphism of legal systems in the world: notes on comparative private law. 1.5.1. Civil law and common law. 1.5.2. The “civil” origins of the Italian legal system.

1.6. Private international law and private international law. 1.7. Private procedural law. 1.8. Economic analysis of private law.2.1. Sources and “formants” of private law. 2.1.1. Legislative sources. 2.1.1.1. Constitution and constitutional laws. 2.1.1.2. Community sources: treaties, directives, regulations, recommendations. 2.1.1.3. State laws, regional laws and other acts having the force of law. 2.1.1.4. Executive regulations. 2.1.1.5. International sources: uniform law conventions and private international law conventions. 2.1.2. Non-legislative sources.2.1.2.1. Custom and usage. 2.1.2.2. Custom in international private relations (commercial practices and lex mercatoria). 2.1.2.3. Equity. 2.1.2.4. The act of private autonomy.

2.1.3. The formants. 2.1.3.1. Case law. 2.1.3.2. Doctrine. 2.2. The interpretation of legislative sources. 2.3. The interpretation of acts of private autonomy (reference to the interpretation of contracts). 2.4. Antinomies and gaps in private law. 3.1. Legal relationship and subjective legal situations. 3.2. Active subjective legal situations: power, authority, faculty. 3.2.1. Subjective right (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 personal rights); b) relative right; c) potestative right. 3.1. Legal relationship and subjective legal situations. 3.2. Active subjective legal situations: power, authority, faculty. 3.2.1. Subjective right (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 and personal rights); b) relative right; c) potestative right.

3.2.2. Legitimate interest. 3.2.3. Expectation. 3.2.4. Diffuse interests. 3.2.5. Factual situations: possession and detention. 3.2.6. Interest worthy of protection. 3.3. Passive subjective legal situations: duty, obligation, subjection, burden. 3.4. Statuses. 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 succession by universal or particular title. 4.1.4. The exercise of the subjective right: from abuse of the right to private legitimate interest. 4.2.5. The fulfillment of the duty or obligation. 4.2.5.1. The generic patrimonial guarantee and special guarantees (notes and referral). 4.1.6. Termination of the legal relationship. 4.2. The impact of time on the legal relationship. 4.2.1. Prescription. 4.2.2. Forfeiture. 4.3. Legal events and jurisdictional protection (action, exception, evidence). 5.1. The natural person. 5.1.1. Birth and acquisition of legal capacity and the capacity to act. 5.1.2. Minority and emancipation. 5.1.3. Circumstances affecting the capacity to act: natural incapacity, interdiction and incapacity. (Further information on administration of support) 5.1.4. Domicile, residence, abode. Fe

5.1.5. Human rights 5.1.5.1. Life, health and physical integrity. (bioethical issues relating to abortion, suicide, euthanasia, organ transplantation from living persons, artificial procreation) 5.1.5.2. Name, image, honour and reputation. 5.1.5.3. Moral rights of author. 5.1.5.4. Privacy, confidentiality and the so-called right “to be alone”. 5.1.5.5. Identity. 5.1.5.6. Rights deriving from fundamental freedoms. 5.1.5. Disappearance, absence and declaration of presumed death. 5.1.6. Death. 5.2. The “fictitious” person. 5.2.1. Non-profit organisations 5.2.1.1. Recognised and unrecognised associations. 5.2.1.2. Foundations 5.2.1.3. Committees 5.2.1.4. Voluntary organizations. 5.2.2. For-profit entities. 5.2.2.1. Partnerships. 5.2.2.2. Joint stock companies. 5.2.2.3. Consortia, EEIGs, cooperatives, joint ventures. 5.2.3. The capacity of entities. (further information: the issue of the recognition of the rights of individuals to entities) 5.2.4. Acquisition of legal personality and patrimonial autonomy. 5.2.5. Administrative controls on entities.

1.822 / 5.000 6.1. “Things” and “goods” as the object of the private interest underlying the legal relationship. 6.2. Classification of goods (material and non-material; the human body and other personal property; movable, registered movable and immovable property; productive and unproductive; universality of movable; universality of law; appurtenances; public goods; widespread goods; new generation intangible goods). 7.1. Facts, deeds in the strict sense and so-called contractual deeds. 7.2. Classification of so-called contractual deeds: unilateral, unilateral receptive, and multilateral, consensual or not; deeds with a multi-subjective part: collective, complex, collegial; free or bound form, ad probationem or ad substantiam) 7.2.1. The will. 7.2.2. The contract. 7.3. Declarations of scientia and will (express and tacit), conclusive behavior and silence. 7.3.1. Form of the documents through which declarations are produced: written document, private document, authenticated private document, public document, electronic document. 7.3.2. Telegram, e-mail, copies of documents, mechanical reproductions, household papers and registers, annotations on a document, entrepreneur's accounting records. 7.4. The conflict between the declaration and the will: the simulation of the document. 7.4.1. Absolute and relative simulation (subjective or objective). 7.4.2. Effects of the simulated document with respect to third parties and creditors. 7.4.2. The simulation action. 7.4.3. The simulated transaction and trust companies. 7.5. Another case of conflict between the declaration and the will: physical violence. The related problem relating to the defects of consent (nod and referral). 7.6. Representation in the performance of legal acts. 7.6.1. The capacity required to attribute and receive the representative power. 7.6.2. The Prosecutor's Office, abuse and lack of power.

7.7. Evidence of acts and facts in the trial: the burden of proof. 7.7.1. Testimony evidence. 7.7.2. Presumptions. 7.7.3. Confession. 7.7.4. Oath. 7.8. Publicity of acts and facts (types and effects) 7.8.1. Transcription of acts relating to real estate and registered movable property. 8.1. Property rights: definition, contents and functions. 8.2. Property rights as a paradigm of absolute real rights. 8.3. From property to (conformed) “properties”. 8.3.1. Building property and agricultural property. 8.4. The dogma of the typicality of real rights. 8.4.1. Time-based ownership and rotational ownership (multi-ownership). 8.4.2. Trusts and assets intended for a purpose. 8.4.3. Right to volume. 8.5. The methods of acquiring the right of ownership by original title. 8.5.1. Occupation and invention, accession, union and commingling, specification, acquisition of fruits by separation, fluvial increments, acquisition of treasure. 8.5.2. Usucapion. 8.6. The methods of acquiring the right of ownership by derivative title. 8.6.1. Transfer contracts and mortis causa successions. 8.6.1. Acquisition by non-domino and effects of possession and transcription. 8.7. The limits to the exercise of the right of ownership. 8.8. Community and condominium. 8.9. Actions for the defense of ownership. 8.9.1. Possessive and enunciative actions.IX – Real rights of enjoyment and guarantee, also called minor real rights or rights on other people's property. 9.1. Real rights of enjoyment: general information 9.1.1. The right of superficies. 9.1.2. The right of emphyteusis. 9.1.3. The rights of usufruct, use and habitation. 9.1.4. Predial easements. 9.1.5. Real obligations and real charges. 9.2. Real rights of guarantee: general information. 9.2.1. The mortgage. 9.2.2. The pledge. X – The possession of things that can be the object of real rights. 10.1. Possession and detention: notes and reference to what is said in par. 3.2.5. 10.2. Beginning and end. Succession and accession in possession. 10.3. Titled possession, illegitimate possession and the role of good faith. 10.4. Actions to defend possession: possessory and enunciation actions.

XI – Characteristics and events of the obligatory relationship. 11.1. The characteristics (structure, nature and contents) of civil obligations. 11.2. The sources of civil obligations: notes and referral. 11.3. Natural obligations. 11.4. Typical categories of obligations: pecuniary, alternative, joint and several, divisible and indivisible. 11.5. Extinction of the obligation. 11.5.1. Fulfilment and the role of good faith. 11.5.1.1. The creditor's default and the liberating deposit. 11.5.2. Methods of extinction other than fulfilment. 11.5.2.1. Satisfactory methods: a) compensation; b) confusion. 11.5.2.2. Non-satisfactory methods: a) objective novation; b) remission of debt; c) supervening impossibility.11.6. Pathology of the obligatory relationship: non-performance. 11.6.1. The debtor's default. 11.6.2. Compensation for damages caused by non-performance. 11.6.3. Penalty clause. 11.6.4. Deposit. 11.7. Patrimonial liability. 11.7.1. The generic patrimonial guarantee, specific guarantees and the enforcement procedure. 11.7.1.1. Typical exceptions to the principle of par condicio creditorum. 11.7.1.2. Specific guarantees: a) legitimate causes of pre-emption; b) privileges; c) mortgage and pledge: referral; d) guarantees of a personal nature, in particular suretyship, first-demand guarantees and autonomous guarantee contracts); e) assignments and alienations for the purpose of guarantee.11.7.2. Means of preservation of the patrimonial guarantee. 11.7.2.1. Suspension of execution, exception of non-fulfilment and forfeiture of the benefit of the term. 11.7.2.2. Precautionary seizure. 11.7.2.3. Surrogatory action. 11.7.2.4. Ordinary and bankruptcy revocation action.

11.8. Events modifying the obligatory relationship. 11.8.1. Objective modifications: a) repetition; b) real subrogation. 11.8.2. Subjective modifications on the active side: a) assignment of credit; b) subrogation for payment. 11.8.3. Subjective modifications on the passive side: a) delegation; b) exclusion; c) assumption, d) subjective novation.12.1. The contract: definition and general information. 12.1.1. Contracts with real effects and with obligatory effects. 12.1.2. Contract in general, consumer contracts and contracts between entrepreneurs. 12.1.3. Irrevocability of the contractual bond and withdrawal. 12.2. Private autonomy and interpretation of the contract. 12.3. Unilateral acts and the theory of the transaction. 12.4. The essential elements of the contract. 12.4.1. The cause: general information. 12.4.1.1. The atypical contract and the meritoriousness of interests. 12.4.1.2. Mixed contract, business connection, economic operation, indirect transaction and contract in fraud of the law. 12.4.1.3. The reasons.12.4.2. The agreement: general information. 12.4.2.1. Conclusion of the contract inter absentes by means of traditional or electronic instruments. 12.4.2.2. Conclusion of the contract by beginning of performance. 12.4.2.3. Negotiations and pre-contractual liability. 12.4.2.4. Irrevocable proposal and option. 12.4.2.5. Voluntary and legal pre-emption. 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. Contractual relationships based on so-called factual or social contact. 12.4.2.10. Real contracts. 12.4.2.11. Simulation of the contract. 12.4.2.12. Defects of will: general information. 12.4.2.12.1. Error. 12.4.2.12.2. Violence. 12.4.2.12.3. Fraud.

12.4.3. The object: general information. 12.4.3.1. The determination by a third party of the content of the contract. 12.4.3.2. Contract concluded by means of modules or forms and general contract conditions. 12.4.3.3. Unfair and abusive clauses. 12.4.3.4. The automatic replacement of clauses and customary clauses. 12.4.4. The form: general information. 12.4.3.1. Form ad substantiam. 12.4.3.2. Form ad probationem tantum. 12.5. The accidental elements of the contract. 12.5.1. The condition. 12.5.2. The presupposition. 12.5.2. The term. 12.5.3. The modus.12.6. Effects of the contract on third parties: general information. 12.6.1. Representation 12.6.2. Contract in favor of a third party. 12.6.3. Contract for a person to be named. 12.6.4. The promise of the third party's act and the sale of another's property. 12.7. Assignment of the contract. 12.8. Invalidity of the contract. Nullity: causes, discipline and so-called conversion of the null contract. Voidability: causes, discipline and so-called validation of the voidable contract. 12.9. Rescission of the contract. 12.9.1. State of danger. 12.9.2. State of need. 12.10. Resolution of the contract. 12.10.1. The foundation 12.10.2. Non-fulfilment. 12.10.3. Supervening impossibility. 12.10.4. Supervening excessive onerousness. 12.10.5. Voluntary dissolution of the contractual relationship. Typical contracts. I

12.5. Other acts or facts that are sources of obligation other than contract and unlawful act. The extra-contractual unlawful act: introduction. Art. 2043 c.c.

The concept of unjust damage and types of damage. The criteria for attributing liability. The distribution of liability. Compensation.