11316 - Private Law

Learning outcomes

Aim of the course is to provide the student with a base knowledge of structures and institutions regulated by the Civil Code, with particular regard to property rights, inheritance, obligations, contract law and tort law. At the end of the course the student will be able to use the Italian Civil Code and will acquire the necessary familiarity with the language and the logic of Private law

Course contents

The course will mainly focus on:

- Course introduction

- The legal system in general, its interpretation and application. Sources of law.

- The history of the 1942 Civil Code

- Legal facts and legal acts; individual's rights.

- Prescription and forfeiture. Protection of rights.

- Natural persons; rights of the individual; support measures for natural persons.

- Personality rights;

- Family Law: marriage and relationship in the married couple; de facto family; family crisis; offspring.

- Agencies and authorities. The legal person. Associations, foundations and committees.

- Property, possession and other rights in rem. Acquiring properties. Property and possession defence

- Inheritances upon the death of an individual

- Obligations. Structure, events, extinction. Obligations' specific sources.

- Credit guarantee and protection.

- Contract law and parties's autonomy. Parties' conduct. Physiology and pathology of contracts. Individual contracts (sale of goods, tenders, mandates, leases, loans and mortgages): Overview.

- Tort law.

Readings/Bibliography

F. GALGANO, Istituzioni di Diritto privato, Cedam, VII edition, 2013. Any part of text may be omitted.

It is required to match the study of the textbook with the ongoing consultation of the Civil Code and the Constitutional charter, the main European legislation and the principal special laws (any updated edition).

Teaching methods

Aim of the course is to provide students with the fundamentals of private law and it's structural features, making them capable of consulting the Civil Code and understanding the very basic civil legal issues. The course is a prerequisite for almost all subsequent teaching activities; it analyzes basic concepts which are the basis of many subsequent teaching activities of the degree; students mastering these concepts, can therefore face the course of their study with an improved capacity and ease of understanding.

During the frontal lessons the main topics of the course programme will be dealt with. An in-depth analysis might be related to important legal judgments, new legislations or recent events. No use of audiovisual tools provided for. Some lessons will be structured in a seminar form and will focus on topics of particular interest or complexity. Since the total number of fontal lessons-hours (54), does not allow an adequate treatment of many topics, these will be analyzed in class only in its essential aspects. The seminar lectures are in addition to curricular teaching hours: their frequency is not compulsory, and will be registered on the attendance sheet.

For information purposes only, during the past academic years , seminars have concerned: “The government of the body”, “Property rights of common goods and Fundamental Rights”, "The damage to the person”, "Tutoring consumers ". We will try to increase the number of the covered topics.

Assessment methods

The exam consists in an oral examination with a minimum of three questions, which will affect the entire course program.

The test will evaluate understanding, assimilation, mastery of private law basic concepts, their interactions and correlations as well as the proper use of appropriate legal terminology. One of the questions will therefore address a general topic, in order to evaluate the approach and exposition abilities , as well as mastery of the subject orderliness; at least one more question will focus on a specific theme or institution, in order to evaluate the learning abilities connected to the specificity of the single particular problem.

The subscription to the exam lists will be done through the School's online system. No preparatory subject requirements.

Incoming students involved in the Erasmus Programme are required to follow the regular Programme; nonetheless it is suggested to agree on a specific program with the Professor.

 

Teaching tools

During the frontal lessons, additional material (cases, comments, essays, legislation, etc.),will be make available for the debate. These materials represent a deepening of the topics discussed and may be useful for complement purpose, but they are not part of compulsory textbooks required  for the exam.

Summaries on individual topics will be published on the personal website of the teacher or on Alma Campus.

Office hours

See the website of Annalisa Atti

See the website of Giovanni Facci