Instructional goals
The course offers an introduction to the Italian legal system and to the other systems belonging to the so-called “Civil Law Family”, with special regard to private law issues. It aims to allow students to become familiar with the fundamental
categories and principles of the said area of law in a European perspective, developing at the same time a proper knowledge of legal terminology, so as to enable participants to cope with an international context.
Prerequisites
None.
Intended learning outcomes
The course aims to allow students to become familiar with the fundamental categories and principles of the above areas of law in a European perspective, developing at the same time a proper knowledge of legal terminology, so as to enable participants to cope with an international context.
Therefore, the intended learning outcomes are the followings.
Knowledge and understanding: The student - by participating in the lectures and practical activities of the course - will have developed the ability to understand the principles and categories of Italian Consitutional e Private Law dealt with during the course.
Applying knowledge and understanding: The student - acquiring the correct tools and method - will be able to apply those principles and categories to practical cases.
Making judgements: The student, through the use of the methodologies acquired during the course, will have acquired problem analysis skills and the ability to identify the information necessary for their solution, being able to find it directly or to ask for the counsel a legal specialist. Specifically, critical thinking, problem solving, self-management, teamwork, relationship and communication skills will be adequately developed, which enhance and make the said skills more usable.
Communication skills: At the end of the course the student will be able to use the legal vocabulary, addressing the legal issues at hand with terminological accuracy. Through the various activities that will take place during the course – lessons with discussion, moot courts, presentations – the student will be able to put these communication skills into practice in various contexts, by adapting the terms used to the interlocutor in the specific case, thus gaining advanced rhetorical skills necessary for his/her professional career.
Learning skills: The technical-legal knowledge acquired during the course will allow the student to autonomously understand and adapt the principles and categories above mentioned to the specific reference context. The student will develop a solid knowledge of the fundamental aspects of the subject that will allow him to continue to deepen the topics addressed independently and to undertake the various post-graduate professional training courses always keeping in mind the relationship between law and economics.
Course Contents
See Objectives above.
Reference Books
1) G. Iudica e P. Zatti, Language and Rules of Italian Private Law: An Introduction, latest ed., Cedam.
2) J.S. Lena and U. Mattei (eds.), Introduction to Italian Law, Kluwer, 2002.
The chapters required for the exam will be indicated online.
Teaching Methods
- Traditional Lectures;
- Cases Studies (group works and presentations).
Assessment Method
The student will be evaluated on the basis of the individual scores achieved on:
• Presentation and discussion of a case study (group work) 10% with which to verify the property of legal language, as well as the ability to consult and evaluate the relevant sources of the subject, toghether with the one of applying legal principles and categories to practical cases;
• Final written exam 80% through which to assess the knowledge and understanding of teaching and the autonomy of judgment; both are based on three open questions to be answered in one-and-a-half hours;
• Active participation in class 10% so as to understand students' independence of judgment and other skills useful for achieving the training objective.
Thesis assignment criteria
None.
Week 1 Contenuto sessioni on line e on campus
Presentations of the teachers – Introduction to the Course – General
Overview over the program. See Slides available online. The teaching
method - The materials – Examples and discussion of translation
problems. See Slides available online. Notion of legal system. See Slides
available online. Theories over the Law: Santi Romano and Hans Kelsen.
See Slides available online. Notion of Legal Rule – The legal pattern - The
legal effect. See Slides available online – Language and Rules Textbook,
Chapter 2
Week 2 Contenuto sessioni on line e on campus
Overview over the Italian Sources of Law. See Slides available online –
Introduction to Italian Law Textbook, Chapter 3, Para. V. The Constitution.
See Slides and Notes available online – Introduction to Italian Law
Textbook, Chapter 3, Para. I, II and III. Ordinary Laws. See Slides available
online – Introduction to Italian Law Textbook, Chapter 3, Para. V. Law-Decrees and Legislative
Delegated Decrees.
See Slides available
online - Introduction to Italian Law Textbook, Chapter 3, Para. V. Regional Laws.
See Slides available online – Introduction to Italian Law Textbook, Chapter
3, Para. V and VI.
Week 3 Contenuto sessioni on line e on campus
Regulations and Customs. See Slides available online. The Italian
Lawmaking Process. See Slides and Notes available online – Introduction
to Italian Law Textbook, Chapter 3, Para. V. Overview over the other
constitutional bodies. See Slides and Notes available online – Introduction
to Italian Law Textbook, Chapter 3, Para. VI. The Constitutional Court. See
Slides and Notes available online – Introduction to Italian Law Textbook,
Chapter 3, Para. VI. Discussion of the “Translation problems” Case Study.
Week 4 Contenuto sessioni on line e on campus
The European Law Sources: Directives. See Slides available online –
Introduction to Italian Law Texbook, Chapter 4, apart from Paragraph IV
(A), (B) and (D), as well as Paragraph VII. The European Law Sources:
Regulations. See Slides available online –Introduction to Italian Law
Texbook, Chapter 4, apart from Paragraph IV (A), (B) and (D), as well as
Paragraph VII. Elements of International Law Sources. See Slides
available online. Elements of International Private Law (Law of Conflicts).
See Slides available online. Discussion of the Sources of Law Case Study.
See Slides available online.
Week 5 Contenuto sessioni on line e on campus
Elements of Legal Families (Civil Law vs. Common Law). See Slides
available online – Introduction to Italian Law Texbook, Chapter 2. The
Structure of the Civil Code. See Slides available online – Introduction to
Italian Law Texbook, Chapter 2. Juridical Capacity. See Slides available
online – Language and Rules Texbook, Chapter 4. "Legal Acts" (negozi
giuridici). See Slides available online – Language and Rules Texbook,
Chapter 4 Discussion of the Juridical Capacity Case Study.
Week 6 Contenuto sessioni on line e on campus
Capacity to Act. See Slides available online – Language and Rules
Textbook, Chapter 4. Deprivation, Disability and Support Administration.
See Slides available online – Language and Rules Textbook, Chapter 4.
Legal Entities: Associations and Foundations. See Slides available online –
Language and Rules Textbook, Chapter 4. Legal Entities: Committees –
Elements of Company Law. See Slides available online – Language and
Rules Textbook, Chapter 4. Discussion of the Capacity to Act Case Study
Week 7 Contenuto sessioni on line e on campus
Notion and Types of Property. See Slides available online – Language and
Rules Textbook, Chapter 5. Ownership (historical considerations). See
Slides available online – Language and Rules Textbook, Chapter 9.
Ownership (definition and discipline). See Slides available online –
Language and Rules Textbook, Chapter 9. Property Interests of
Enjoyment. See Slides available online – Language and Rules Textbook,
Chapter 10. Property Interests of Security. See Slides available online Language
and Rules Textbook, Chapter 17.
Week 8 Contenuto sessioni on line e on campus
Transfer of Immovable and Movable Properties. See Slides available
online. Transcription. See Slides available online. Possession. See Slides
available online – Language and Rules Textbook, Chapter 10. Usucapio.
See Slides available online – Language and Rules Textbook, Chapter 10.
Discussion of Transfer of Ownership Case Study.
Week 9 Contenuto sessioni on line e on campus
Definition of Contract. See Slides available online – Language and Rules
Textbook, Chapter 12. Formation of Contract. See Slides available online
– Language and Rules Textbook, Chapter 13. “Causa”, Object and Form of
Contract. See Slides available online – Language and Rules Textbook, Chapter 13. Standard Forms. See Slides available online – Language and Rules Textbook, Chapter 13. Elements of Consumer Law. See Slides available online.
Week 10 Contenuto sessioni on line e on campus
Invalidity and Ineffectiveness. See Slides available online – Language and
Rules Textbook, Chapter 15. Nullity (discipline and cases). See Slides
available online – Language and Rules Textbook, Chapter 15. Voidability
(discipline and cases). See Slides available online – Language and Rules
Textbook, Chapter 15. “Rescissio” and Termination. See Slides available
online – – Language and Rules Textbook, Chapter 16. Discussion of
Contract Law Case Study.
Week 11 Contenuto sessioni on line e on campus
Termination for Breach. See Slides available online – Language and Rules
Textbook, Chapter 16. Termination for Supervened Impossibility Termination
for
Supervened Burden in Performance. See Slides
available online – Language and Rules Textbook, Chapter 16. Pre-contractual,
Contractual and Extra-contractual Liability. See Slides available online –
Language and Rules Textbook, Chapter 11 and 19. Extra-contractual
Liability: Negligence. See Slides available online – Language and Rules
Textbook, Chapter 19. Extra-contractual Liability: Causation. See Slides
available online – Language and Rules Textbook, Chapter 11 and 19.
Week 12 Contenuto sessioni on line e on campus
Extra-contractual Liability: Unfair Damage. See Slides available online –
Language and Rules Textbook, Chapter 19. Extra-contractual Liability:
Type of Damages. See Slides available online – Language and Rules
Textbook, Chapter 19. Elements of Family Law and Succession Upon
Death. Language and Rules Textbook, Chapter 24 - Introduction to Italian
Law Textbook, Chapter 16, apart from Paragraph VIII. Elements of Family
Law and Succession Upon Death. Language and Rules Textbook, Chapter
24 - Introduction to Italian Law Textbook, Chapter 16, apart from
Paragraph VIII. Final questions and Exams information