PRIVATE LAW

PRIVATE LAW

Massimo Proto

Instructional goals

The course aims to provide students with an institutional and comprehensive overview of Italian civil law, limited to the topics included in the examination syllabus, through the exegesis of statutory provisions and the analysis of case law. It seeks to contribute to the students’ intellectual development by fostering logical and methodological skills applied to positive law; in particular, the course is designed to equip students with the general categories of the subject, as well as the conceptual and terminological tools necessary to stimulate critical analysis and a rigorous systematic reconstruction of private law institutions, also in light of the supranational framework. The acquisition of such knowledge will be assessed at the end of the course through an oral examination, although intermediate assessments may also be possible.

Intended learning outcomes

Ability to apply knowledge and understanding. Students will acquire a method for analysing civil law subjects that fosters their individual capacity to interpret statutory provisions and enables the systematic framing of legal rules. These skills are developed through attendance at lectures supported by case studies drawn from case law, practical exercises, and participation in seminars, workshops, and conferences, including those delivered by external academic and professional speakers. Such competences are assessed through examinations, participation in seminars, in-class discussions, and case analysis; intermediate assessments may also be provided. In addition, multimedia content available on the Moodle platform (videos, slides, exercises, forums, working groups, etc.) will enable ongoing interaction between students and the instructor, allowing real-time evaluation of both hard and soft skills acquired. Making judgements. By applying the methodologies acquired during the course, students will be able to collect and analyse data and materials in order to examine statutory sources and relevant doctrinal and case law developments in private law. They will develop the ability to evaluate such materials independently, forming their own critical judgments and applying them to specific factual scenarios, thereby identifying appropriate solutions to practical cases. Communication skills. By the end of the course, students will be able to master the technical legal terminology of private law with appropriate precision. Through participation in the various course activities—lectures with class discussion, oral examinations, moot court exercises, written assessments, and workshops—students will learn to apply these communication skills in different contexts, adapting their language to the relevant audience and thereby developing essential rhetorical and argumentative abilities for their professional careers. Learning skills. The technical legal knowledge acquired during the course will enable students to independently understand and interpret legislative, doctrinal, and case law developments relating to private law and the legal field in general.

Course Contents

Public law and private law – Legal rules – Sources of law – Interpretation of law – Legal facts: classification of juridical acts and events – Legal effects – Legal relationships – Subjective legal positions – Legal subjects and capacity (legal capacity and capacity to act) – Personality rights – Family law (family relationships in general, marriage, personal and property relations between spouses, separation and divorce, filiation and adoption, maintenance obligations) – Property law (general features, ownership, possession and possessory actions, limited real rights, co-ownership and condominium, registration of property rights) – Succession and donation law (general provisions, acquisition and renunciation of inheritance, testamentary succession, intestate succession, forced heirship, co-heirship and division of the estate, donations and non-contractual liberalities) – Law of the Obligations – Contract Law – Specific contracts – Torts Law – Protection of rights

Reference Books

For exam preparation, students may use any standard university-level textbook, in an up-to-date edition, limited to the chapters corresponding to the topics listed above. The following is recommended: A. Torrente, P. Schlesinger, F. Anelli (edited by C. Granelli), Manuale di diritto privato, Giuffrè, Milan, latest edition. In addition to the textbook, students are required to study: AA.VV., Dieci lezioni introduttive a un corso di Diritto Privato, UTET, 2006. An up-to-date uncommented civil code must be consulted.

Teaching Methods

Frontal teaching and exercises and seminars with case law analysis

Assessment Method

The exam consists of an oral interview in which the student will have to demonstrate knowledge and understanding of the rules and principles of Private Law and to apply them to practical cases submitted to her/his attention by the teacher through concrete examples. The student will have to be able to independently analyze the sources and relevant legal reasonings of private law and correctly use the technical-legal vocabulary of the subject, thus demonstrating that she/he has achieved the correct study method and learning ability necessary to continue the 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

The final thesis may be assigned subject to the successful completion of the first- and second-year private law examinations and depending on the number of theses previously assigned to other students who have not yet graduated

Week 1

WEEK 1: I. Public law and private law – Legal rules. Sources of law II. Succession and donation law (general introduction) WEEK 13: The sources of the obligation and criteria of legal judgement – The characteristics of performance and the creditor's interest – Performance and the manner of performance

Week 2

WEEK 2: I. Interpretation of law – Legal facts: classification of juridical acts and events II. Purchase and renunciation of inheritance, testamentary succession WEEK 14: Modes of extinguishing the obligation other than performance

Week 3

WEEK 3: I. Legal effects – Subjective legal positions; overview of legal capacity and capacity to act: cross-reference; absolute and relative rights II. Intestate succession, forced heirship WEEK 15: Modification of the obligatory relationship

Week 4

WEEK 4: I. Property Law (general features, goods and property) II. Co-heirship and division of the estate, donations and non-contractual liberalities WEEK 16: Typical types of obligations – Monetary obligations; alternative obligations; joint and several obligations; divisible and indivisible obligations

Week 5

WEEK 5: I. Personality rights II. Modes of acquisition of ownership; limitations on ownership; actions for the protection of ownership WEEK 17: Non-performance and default – Damages – Torts liability - Legitimate Causes of Preference

Week 6

WEEK 6: I. Personality rights II. Relative rights – Limited real rights WEEK 18: Contract in general – Negotiations and pre-contractual liability – Agreement – Consideration

Week 7

WEEK 7: I. Legal subjects; legal capacity; capacità to act – Lack of capacity to act (minors) – II. Co-ownership (in general and in buildings) WEEK 19: Subject – Form – Transcription

Week 8

WEEK 8: I. Lack of capacity to act (judicial interdiction, legal incapacitation, and support administration) – Legal entities – II. Possessory actions; registration of property rights (case law analysis) WEEK 20: Preliminary contract – Interpretation of the contract – Condition

Week 9

WEEK 9: I. Relevance of the family and its evolution II. Marriage as a legal act (form; impediments; invalidity) WEEK 21: Nullity of the contract – Annulment of the contract – Withdrawal – Assignment of the contract – Simulation

Week 10

WEEK 10: I. Personal relations between spouses II. Separation and divorce WEEK 22: Termination – Rescission – Subrogation and revocatory action

Week 11

WEEK 11: I. Property relations between spouses II. Filiation and adoption WEEK 23: The typical contracts most frequently used in practice

Week 12

WEEK 12: I. Property relations between spouses II. Maintenance obligations (analysis of case law) WEEK 24: The atypical contracts most frequently used in practice – Artificial Intelligence and Contract Law