PRINCIPLES OF CIVIL LAW

PRINCIPLES OF CIVIL LAW

Bruno Tassone

Obiettivi formativi

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.

Risultati di apprendimento attesi

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.

Contenuti Del Corso

See Objectives above.

Testi Di Riferimento

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.

Metodologie Didattiche

- Traditional Lectures; - Cases Studies (group works and presentations).

Modalità di verifica dell'apprendimento

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.

Criteri per l’assegnazione dell’elaborato finale

None

Settimana 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 – Language and Rules Textbook, Chapter 2

Settimana 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.

Settimana 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.

Settimana 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. See Slides available online.

Settimana 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 – 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.

Settimana 6

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

Settimana 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.

Settimana 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.

Settimana 9

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.

Settimana 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.

Settimana 11

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.

Settimana 12

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.