74765 - 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 the most relevant contracts.

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 and 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) The following contracts:

- Sale and exchange;

- Procurement contract;

- Mandate.

Readings/Bibliography

a) F. Galgano, Trattato di diritto civile, volume II, Cedam, Padova, 2015 (only pages 1-709; 743-754; 793-800);

b) L. Balestra, Introduzione al diritto dei contratti, Il Mulino, Bologna, 2015.

Teaching methods

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

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 attending the Course will be able actively involved in analysis of cases, in order to perceive the evolution of case law in relation with topics covered in class.

Small groups' activities will allow students to interact with the Course tutors and with other partecipants. Writing short essays is also encouraged; papers will be assessed during the examination.

Office hours

See the website of Luigi Balestra

See the website of Barbara Grazzini