00219 - Civil Law (D-L)

Learning outcomes

The Course is entirely focused on contract and aims to reconstruct in detail the general discipline of this institute and the discipline of each specific contract.

Teaching activity, even in the form of seminars and guided research, will be constantly focused on case law.

The primary objective of the Course is to enable the student to reconstruct the key principles of the issue of contract - expecially in the light of the significant evolution that has characterized the system in recent times - and to deepen the characters of the discipline of contract and the most relevant operating rules in order to provide to the students a method of critical analysis of case law and scholar's theories.

Course contents

First part

 

a) Obligation in general.

- fulfillment and non-fulfillment;

- Discharge of the obligation for reasons other then from performance;

- Circulation and other events of the obligatory relationship.

 

b) Contract in general.

- defintion and key principles;

- Requirements of the contract;

- Term adn Condition;

- Effects;

- Voidness: nullity and annulment;

- Simulation;

- The legal principle of appearance;

- The representation;

- Interpretation;

- Trust;

- Resolution;

- The duty of good faith and the abuse of the rights.

 

Second Part

 

c) Single contracts.

- Sale and exchange;

- Lease;

- Commission; Shipping; Brokerage and agency;

- Transport;

- Leasing;

- Factoring;

- Transaction;

- Insurance;

- Loan and Mortgage;

- Storage;

- Engineering;

- Mandate;

- Franchising;

- Contracts for the use of computers;

- Antichresis;

- Annuity.

Readings/Bibliography

a) F. Galgano, Trattato di diritto civile, volume II, Cedam, Padova, 2010 (only for the topics related to the program, and then pp. 1-738; 785-822);

b) Before the beginning of the Course, a list of case law will be provided to students.

Teaching methods

Lessons will be delivered by Prof. Luigi Balestra - owner of the Course -, by Dr. Barbara Grazzini and by Dr. Marco Martino.

The analysis of case law will be guided by Tutors.

Teaching activity will be divided into Lectures and related actvities which aim to encourage students to be involved in the Course.

Assessment methods

The exam will take place exclusively in oral form.

 

Classes are held on annual basis and, therefore, students which obtain the certificate of attendance in the current academic year can take the exam only from May onword.

 

Prerequisites

 

The exam can be taken only after the student has passed the exams of Constitutional Law and Private Law.

Teaching tools

Students which attend the Course will be able to actively participate in an analysis of cases, aimed at the reconstruction of the evolution of case law in the topics covered in class.

The division into small groups will allow students to interact with the Course tutors and with other partecipants and will allow them to write short essays, which will be assessed during the examination.

 

Links to further information

http://campus.cib.unibo.it/61112/

Office hours

See the website of Luigi Balestra

See the website of Barbara Grazzini

See the website of Marco Martino