PRINCIPLES OF CIVIL LAW
Instructional goals
The course offers an introduction to the Italian legal system, with some reference to the other legal systems belonging to the so-called “Western Legal Tradition”. In partitcular, the course aims to allow students to become familiar with the fundamental categories and principles of Constitutional Law and, above all, Private Law, developing at the same time a proper knowledge of the legal terminology and enabling them to to cope with an international context.
Intended learning outcomes
The intended learning outcomes are the followings. Knowledge and understanding: The student - by participating in the lectures and practical activities of the course - will develop the ability to understand the principles and categories of Italian Constitutional and 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.
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% to verify the legal language, as well as the ability to consult and evaluate the relevant sources of the subject, together with the one of applying legal principles and cathegories to practical cases; • Final written exam 80% to assess the knowledge and understanding - both are based on three open questions to be answered in one-and-a-half hours; • Active participation in class 10% to understand students' independence of judgment and other skills useful for achieving the training objectives.
Thesis assignment criteria
None
Week 1
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.
Week 2
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
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
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.
Week 5
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 – Indicated Chapter of Language and Rules Texbook. Legal Acts (negozi giuridici). See Slides available online – Indicated Chapter of Language and Rules Texbook. Discussion of the Juridical Capacity Case Study.
Week 6
Capacity to Act. See Slides available online – Indicated Chapter of Language and Rules Texbook. Deprivation, Disability and Support Administration. See Slides available online – Indicated Chapter of Language and Rules Texbook. Legal Entities: Associations and Foundations. See Slides available online – Indicated Chapter of Language and Rules Texbook. Legal Entities: Committees – Elements of Company Law. See Slides available online – Indicated Chapter of Language and Rules Texbook. Discussion of the Capacity to Act Case Study
Week 7
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
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
Definition of Contract. See Slides available online – Indicated Chapter of Language and Rules Textbook. Formation of Contract. See Slides available online – Indicated Chapter of Language and Rules Textbook. “Causa”, Object and Form of Contract. See Slides available online – Indicated Chapter of Language and Rules Textbook. Standard Forms. See Slides available online – Indicated Chapter of Language and Rules Textbook. Elements of Consumer Law. See Slides available online.
Week 10
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
Termination for Breach. See Slides available online – Indicated Chapter of Language and Rules Textbook. Termination for Supervened Impossibility Termination for Supervened Burden in Performance. See Slides available online – Indicated Chapter of Language and Rules Textbook. Pre-contractual, Contractual and Extra-contractual Liability. See Slides available online – Indicated Chapter of Language and Rules Textbook. Extra-contractual Liability: Negligence. See Slides available online – Indicated Chapter of Language and Rules Textbook. Extra-contractual Liability: Causation. See Slides available online – Indicated Chapter of Language and Rules Textbook.
Week 12
Extra-contractual Liability: Unfair Damage. See Slides available online – Indicated Chapter of Language and Rules Textbook. Extra-contractual Liability: Type of Damages. See Slides available online – Indicated Chapter of Language and Rules Textbook. Elements of Family Law and Succession Upon Death. Indicated Chapter of Language and Rules Textbook. Elements of Family Law and Succession Upon Death. Indicated Chapter of Language and Rules Textbook. Final questions and information about the exams.