CIVIL LAW (OBLIGATIONS AND CONTRACTS)

CIVIL LAW (OBLIGATIONS AND CONTRACTS)

Silvio Martuccelli

Instructional goals

1. Knowledge and understanding. The course aims to provide students with an institutional and complete picture of Italian civil law, relating to the parts of the examination program, through the exegesis of the regulatory data and the analysis of case law. The aim is to affect the student's cultural education through the development of logical and methodological skills applied to positive law; in particular, the main goal is to provide students with the general categories, the conceptual and terminological tools suitable for stimulating the aptitude for critical analysis and the rigorous systematic reconstruction of private law rules and principles, also in light of the international framework. The acquisition of such knowledge will be ascertained at the end of the course through an oral interview, but intermediate tests will also be possible.

Intended learning outcomes

2. Ability to apply knowledge and understanding. The student will acquire a method of analysis of civil disciplines that will stimulate the individual ability to exegesis the normative data and allow the systematic framing of the rules. In this way, the often interdisciplinary knowledge necessary for students who are interested in working professionally in the fields of the classic forensic professions (Lawyers, Judiciary, Notaries) and consultancy activities in the private sector will be acquired, addressing issues ranging from Civil Law to Law European private (in English). The skills are acquired with the frequency of lectures with the support of case studies taken from the jurisprudence., with the exercises, with the participation in seminars, conventions and conferences also held by external guests from the academic world. and professional. These skills are verified by passing exams, attending seminars, class discussions, analyzing cases; It is also possible to have intermediate knowledge tests. In addition, the presence of multimedia content available on the Moodle platform (videos, slides, tutorials, forums, work groups, etc.) will give the opportunity to create a permanent interaction between the class and the teacher, giving the opportunity to verify in real time the hard and soft skills acquired by students. 3. Autonomy of judgement. Through the use of the methodologies acquired during the course, the student will be able to collect data and materials in order to analyze the regulatory sources and the relevant orientations of scholars and case-law with reference to the discipline of private law and will acquire the ability to independently evaluate such data by formulating his own critical judgment to concrete matters, identifying the appropriate solutions to the practical cases submitted to his attention. 4. Communication skills. At the end of the course the student will be able to master, with adequate terminological precision, the technical-juridical categories of private law. By participating in the different activities of the course – classes, classroom discussions, oral exams, moot courts, written tests, workshops - the student will learn to put these communication skills into practice in different contexts, adapting the wording to the reference interlocutor, thus acquiring further rhetorical and argumentative skills, indispensable for her/his professional career. 5. Learning skills. The technical-legal knowledge acquired during the course will allow the student to autonomously understand and interpret the legislative, case-law and doctrinal changes relating to the discipline of private law and the legal sector in general.

Course Contents

Law of obligations; contract law; special contracts; tort law.

Reference Books

The recommended text for exam preparation is as follows: Istituzioni di diritto privato, a cura di Roberto Carleo – Silvio Martuccelli – Saverio Ruperto, Roma, Dike Giuridica Editrice, 2023.

Teaching Methods

Lectures, exercises, project work, case studies, simulated processes.

Assessment Method

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.

Thesis assignment criteria

Mark obtained in the final exam; concrete interest in private law

Week 1

Law of obligations.

Week 2

Law of obligations.

Week 3

Law of obligations.

Week 4

Law of obligations.

Week 5

Law of obligations.

Week 6

Contract law.

Week 7

Protection of rights.

Week 8

Contract law.

Week 9

Contract law.

Week 10

Consumer Law.

Week 11

Contract law.

Week 12

Contract law.