00532 - Institutes in Private Law

Learning outcomes

Purpose of the course is to provide students with the basic notions and tools necessary in order to be able to understand italian civil and commercial law, with particular regard, above all, to obligations, contracts, securities and liability ; but also with regard to natural and legal person, incorporeal chattels and the register of companies.

Basic knowledge and skills, the students will achieve, consists, for example, in reading a contract, assessing the securities and considering the responsibilities.

At the end of the course the student will be able to: understand the developement of legal relations between private individuals, in particular those contractual ; know the way to plan relationships between individuals, non profit companies and civil service ; value profils of fullfilment or breach of a contract.

Course contents

Introduction. The concept of (objective) law and the sources of national and Community Law. Private law and Public law - Right and Rightful Interest - Civil Code system, Italian Constitution, E.C. Treaty.

1. Obligation and Claim - the creditor - remedies against conveyance in fraud of creditors, Actio pauliana and conservatory siezure - real and personal securities, in particular mortgage, guarantee and performance bond - promises, gratuitous promises and negotiable instruments - discharge of contract by performance and by breach.

Torts and civil liability - The concept of "danno ingiusto" (unfair damage) - The enlargement of the class of "danno ingiusto".

2. Agreement and contract - consent formation - agent, attorney and power of attorney in the consent formation - terms of contract - consideration, conditions and warranties - unfair contract terms, consumer protection and "distance contract" (concluded on-line) - invalidity of contract (in particular the voidness, voidability) - Bilateral contracts: discharge by breach and performance.

Singles contracts - sale, in particular sale of land - agreement and conveyance in sale of land - brokerage - sale of goods - lease of land (for home and for business) - contract for work and skill, building contract, sub-supplyng (sub-contract) - agency - insurance - contracts for litigation (compromise and arbitration agreement) - franchising - factoring - other contracts in the Civil Code and in the main statutes - leasing.

3. Litigation and protection of rights and interests - precautionary protection: real estate transfer registration (land registry) - procedural protection: judicial and arbitration proceedings, judicial action, burden of proof, judgement - evidence (especially documents) - bankruptcy and other insolvency procedures - lapse and limitation of action.

4. Natural persons - name, domicile, personal status; the right to privacy and the personal data protection (D.Lgs. n. 196/2003) - Legal persons: profit, non profit - the "formazioni sociali" (groups of persons) in the italian civil law - family - marriage - legal separation of husband and wife and divorce - the rules relating to the assets and the liabilities of the family - family firm - register of "Stato civile" (register of birth, marriages and deaths).

5. Inheritance - succession- legal and testate succession - the will - the reserved share - inheritance and legacy - the acceptance of the heir - estates executor and administrator - the gift - partition of a succession - the "patto di famiglia" (family buy-out, L. n. 55/2006).

6. Law and property - categories of thinghs and goods - combination of thinghs - rightsin rem - real and personal property - freehold and real estate: content, limits, restrictions, also with regard to environment and town-planning - other's right in rem: life estate and easement - tenancy in common and co-ownership of a block of flats - freehold and time-sharing property - Legal circulation of goods and property transfer; original and derivative acquisition, purchaser in good faith for a valuable consideration - possession (French and Italian conception) - civil law remedies: actions in defence of property and possession (such as, in common law, action of trespass, action for recovery of land, action of trouble, action of detinue).

7. Economic activity and services - entrepreneur (imprenditore) and enterprise - categories of entrepreneurs and their statute - craftsman, indipendent professional (free lance), employee - the representatives of the entrepreneur - the firm, the goodwill of firm - sign, trade mark - trade mark and domain name on-line - intellectual property (I.P.): copyright, patent, again trade mark, the "new" properties in general - The corporation: partnership and company - legal publicity on-line and companies register - the incorporation - industrial and provident societies - other forms of business corporation.

Readings/Bibliography

a) IUDICA e ZATTI, Linguaggio e regole del diritto privato (Language and rules of private law),, Padova, CEDAM, recent edition

b) italian civil code, recent edition.

Teaching methods

The course privileges clarity of exposition and the concatenation of the different topics. After the necessary introduction concerning the sources of national and European law, the course will follow the order of the civil code. Single statutes and precedents will be taken into consideration during the exposition of the different themes of the course, during the lectures and the various seminars planned.

Assessment methods

The examinations will be divided into two parts: written and oral.

The written text consists of 15 questions (multiple choice) and the student must give at least 9 correct answers to be admitted to the oral exam, which will determine the finale score.

After each half of the series of lectures students can stand a partial test, (first one written and oral and second one written and oral), concerning the arguments of the respective part of the course and the seminarys.

For students having failed or missed the first partial test, or, successful in this, having failed or missed the second partial test, the exam will regard the entire program.

Teaching tools

On-line lecture notes, regarding seminars and lectures about particular arguments, especially those innovative and of current interest.

Tutors will take part in different lectures and seminarys, will help and receive students: Avv. Enrico Ghirotti - Tutor (enrico.ghirotti@unibo.it), Avv. Federico Zaniboni, Avv. Sergio Bianchi, Avv.Alberto Mastromatteo.

Office hours

See the website of Mauro Bernardini