11316 - Private Law

Learning outcomes

At the end of the course, the student has the basic knowledge and the terminology of private law in particular with regard to the knowledge and to the discipline of private law entities, of the property and of the possession right,of the contract rules, of the sale contracts, of the procurement contract,of the lease contract, of the mandate, of the loan, of the free-loan contract and of the unlawful act.The student also learns the basic knowledge about sports system entities, sports labor contract, sports sponsorship contract, violation of the rules.Finally the students acquires the ability to find legal sources, to see codes and databases and to bring up to date about sectoral legislation.

Course contents

The Course aims to illustrate the basic principles and institutions of Private Law, with particular regard to individuals, situations of belonging and institutes - above all obligation, contract and inheritance - through which it is possible to realize the legal circulation of goods and the performance of assets. The aim of the Course is to give to the students, in a gradual and systematic manner, the necessary familiarity with the language and the logic of Private law and, therefore, to make them acquire a solid method of legal analysis of private relationship.

 

The exam will be focused on the following program, which constitutes the subject of the Course:
- The legal system in general;
- Sources of law and application of law;
- Private law and Constitution;
- The Civil Code of 1942;
- Private International Law;
- Natural and legal persons;
- Rights of the individual;
- Kinship and affinity;
- Infirmity of mind and means of protection of the incapacited person;
- Family Law (general principles);
- Inheritance and donation;
- Property and Possession;
- Obligations;
- Contract in general and specific contracts;
- Tort Law;
- The judicial protection of rights.

Readings/Bibliography

F. Galgano, Istituzioni di diritto privato, X ed., Padova, Cedam, 2021, to be studied in full, except for the following parts:

- pp. 139-142;

- pp. 313-358;

- pp. 381-412;

- pp. 499-525.

Teaching methods

The teaching method combines lectures and work groups aimed at stimulate students learning. During lectures, course contents will be explained with a particular attention to case law.

 

Assessment methods

The essay will focus on topics indicated in the "Program and contents" section.

The evaluation of the test will be carried out taking into consideration:

- Knowledge of institutional profiles

- The ability to analyze the jurisprudential and doctrinal guidelines

- The ability to make connections between the different parts of the program

- The ability to develop critical arguments

- The articulation of the exposure

- Accuracy of exposure

The following criteria will be used to assess the final mark (that will be out of 30/30):

• sufficient or barely sufficient knowledge on the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;
• fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;
• comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-29/30;

• extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

 

Registration for the final exam can be made through the application Almaesami (https://almaesami.unibo.it/almaesami/welcome.htm )

Teaching tools

Some of the topics covered in class will be explained through slides representing logical connections between private law topics in order to facilitate learning. Other supporting materials ( legal cases, documents, legal texts, slides) will be made available to students on the website.

Students which need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs so as to be directed to the dedicated person and arrange on the adoption of the most appropriate measures.

Office hours

See the website of Carlotta Ippoliti Martini

See the website of Enrico Al Mureden