Academic Year 2021/2022

  • Teaching Mode: Traditional lectures
  • Campus: Rimini
  • Corso: First cycle degree programme (L) in Business Economics (cod. 8848)

Learning outcomes

At the end of the course the student has the basic knowledge to orient himself in the structure of the Italian legal system and in the system of sources, has acquired the logical basis to distinguish the different legal institutions, knows the logical-formal structure and the empirical use. He is also familiar with the language and technical-legal argumentation and is able to appreciate the coherence of the argumentation process and evaluate its consequences in terms of conflict resolution. Furthermore, the student is able to apply the general and abstract legal norms to the concrete cases that are the object of the jurisprudential analysis. Therefore at the end of the course he will be able to: - enucleate and autonomously construct the motivation for the concrete solution reached by using the appropriate legal institutions to ensure the most efficient management of the various interests of the parties. - show that he knows deductive and inductive methods, that he knows how to trace back from the concrete case of the dispute examined to the rules of reference for its solution. - to distinguish, within the argumentative process, the legal propositions relevant to the solution from those merely accessory ones.

Course contents

Private law

Sources of law and interpretation of the law

People

Goods and property

Possession

The ways of buying property

The rights in rem over other people's property

The obligation

Performance and non-performance

The contract

Contract validity and invalidity

Effectiveness and ineffectiveness of the contract

The representation

The effects of the contract

Termination and cancellation of the contract

Criteria for the conduct of contractors and interpretation of the contract

Individual contracts: the sale; the compulsory sale; the loan, the loan, the deposit

Torts

Other acts or facts giving rise to obligations

Debtor's liability and creditor's guarantee

Notes on prescription and forfeiture

Notes on the protection of rights.

Readings/Bibliography

F. Galgano, Institutions of private law, Padua, Cedam, last edition.

Teaching methods

The lessons will be held entirely by Prof. Margherita Pittalis, owner of the course, and will consist of lectures with in-depth analysis of the institutes of the program.

Assessment methods

Classes will take place in the first (first) semester.

Those who obtain the certificate of attendance in the current A.A. will be able to take the exam only from the month of January.

There is no prerequisites for taking the exam.

The examination consists of an oral question on the entire course program.

The assessment of the test will be carried out taking into account:

knowledge of institutional profiles;

the ability to analyse jurisprudential and doctrinal guidelines;

the ability to make links between the different parts of the programme;

the ability to develop critical arguments;

the articulation of the exposition;

the accuracy of the exposure.

By way of example, the following criteria will be used to assign the final mark (that will be out of 30/30):

- knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language à 18-19/30;

- knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;

- comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;

- extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.

Registration for the examination test should be done through the Almaesami application (https://almaesami.unibo.it/almaesami/welcome.htm ).

Teaching tools

The study of the manual must be accompanied by the contextual use of an updated Civil Code, which the student must be able to consult with confidence.

Students who for reasons dependent on disabilities or specific learning disorders (DSA) need compensatory tools will be able to communicate their needs to the Teacher in order to be addressed to the contacts and agree on the adoption of the most appropriate measures.

Office hours

See the website of Margherita Pittalis