11316 - Private Law

Learning outcomes

The course aims to provide students with the fundamentals notions of Italian civil law. Upon successful completion of the course, students will: possess a sound knowledge of the fundamental concepts of private law; be able to demonstrate mastery of these concepts using appropriate legal terminology.

Course contents

The aim of the course is to provide students with the fundamental concepts and analytical tools required to navigate the general principles of private law. Upon successful completion of the course, students will be able to: (a) understand the principal legal relationships between private individuals, with particular reference to personal and family relationships; and (b) propose appropriate solutions to legal issues arising in social practice.

The course examines selected areas of private law, combining a theoretical perspective with critical analysis through an in-depth, case-based exploration of the most significant contemporary issues debated in legal scholarship and judicial decisions.

Accordingly, the syllabus is divided into two parts: (A) a general section, adopting a predominantly institutional approach and to be studied using the prescribed textbook; and (B) a specialised section, adopting a predominantly case-based approach and supported by materials provided by the lecturer, including legislation, case law, and, where appropriate, scholarly literature.

(A) The general part comprises: (1) Fundamental concepts, including the definition and functions of law; the various active and passive legal positions; objective law and subjective rights; the legal system; legal rules and the role of legal principles; limitation periods and forfeiture; the sources of law; statutory interpretation; the temporal and territorial application of the law; private international law; and the acquisition of citizenship; (2) Legal persons and natural persons, including natural persons; the protection of minors and persons lacking legal capacity; and legal persons, including companies, foundations, associations, committees, and other non-profit organisations; (3) Fundamental rights of the person, with particular attention to contemporary issues arising in the digital environment; (4) Family law, including the family in both its broad and narrow senses; marriage; civil unions; parentage; judicial separation and divorce; adoption; medically assisted reproduction; and intra-family torts.; (5) Tort law, with particular reference to the general clause of liability and the constituent elements of tortious liability; strict liability and vicarious liability; as well as specific liability regimes, including the liability of parents and teachers for acts committed by minors and pupils, the liability of employers for acts committed by their employees, the various heads of damage, and the principles governing the assessment of damages; (6) Succession and gifts, with particular reference to the law governing succession upon death, the acquisition of inheritances and legacies, and the law of gifts.

(B) The specialised part covers selected topics for more in-depth study, including, but not limited to, the following (*): Citizenship. Civil liability for torts committed by social service professionals. Medically assisted reproduction (MAR) and embryo mix-ups. Medically assisted reproduction (MAR) and the separation of spouses. Voluntary termination of pregnancy (abortion). Cyberbullying. The automatic attribution of both parents' surnames (Constitutional Court judgments). Voluntary termination of pregnancy. Separation and divorce. Case studies on selected topics covered in the syllabus, including civil liability for torts committed by social service professionals and liability for damage arising from cyberbullying through hate groups on Facebook. Advanced topics in Artificial Intelligence and in biolaw.

(*) Note: The above list is illustrative rather than exhaustive. For the precise scope of the specialised part of the syllabus, students should refer to the bibliographical guidance set out below under "Texts/Bibliography" and to the teaching materials made available on the University's "virtual" learning environment.

Readings/Bibliography

1. General Part

For the study of the general part, students are required to use:

F. Galgano, Diritti privato (Private Law), Wolters Kluwer–Cedam, Milan, latest edition, limited to Chapters 1–4 (Private Law; Sources of Private Law; The Application of Private Law; Legal Subjects), Chapter 19 (Torts), Chapters 36–37 (Associations, Foundations and Committees), and Chapters 43–50 (Family Law and Succession).

2. Specialised Part

For the study of the specialised part, students are required to prepare the materials indicated on the University's Virtuale online learning platform, which will be uploaded progressively throughout the course.

3. Presentation by Attending Students

Students attending the course may, as part of the classroom activities, prepare and deliver a presentation of approximately 10–15 minutes on a topic from the specialised part of the syllabus, to be agreed with the lecturer. Guidance on the required materials and the format of the presentation will be provided during the lectures. This activity will be assessed separately, and the mark awarded will contribute to the student's final grade. Students who complete this activity may omit the Succession component of the syllabus from the material to be examined.

Teaching methods

The course is delivered through lectures, supplemented by the analysis and discussion of significant judicial decisions. Teaching also includes practical exercises and simulations. Where appropriate, conferences, seminars and/or specialist workshops may be organised, together with student presentations on topics agreed with the lecturer.

Assessment methods

Assessment is by means of an oral examination consisting of three or four questions covering the course syllabus. The overall mark is awarded on the Italian 30-point grading scale.

Where additional activities are provided for students attending the course, as agreed with the course convenor, students will also be assessed on those activities. Performance in these activities will contribute to the final mark.

The following indicative criteria apply to the allocation of marks on the Italian 30-point grading scale:

Fail (0–17)
Insufficient and inadequate knowledge of the topics covered by the syllabus; significant gaps in knowledge; generally inaccurate use of language.

Satisfactory (18–20)
Satisfactory knowledge of the topics covered by the syllabus and generally accurate use of language.

Fair (21–23)
Fair knowledge of the topics covered by the syllabus; a fair ability to examine and analyse specific aspects of the syllabus in greater depth; generally accurate use of language.

Good (24–26)
Good knowledge of the topics covered by the syllabus; good ability to examine and analyse the various parts of the syllabus in depth; good analytical and critical skills; generally accurate and technically appropriate use of language.

Very Good (27–28)
More than good knowledge of all topics covered by the syllabus; good ability to examine and analyse the various parts of the syllabus in depth; good ability to make connections between different topics; good analytical and critical skills; generally accurate and technically appropriate use of language, demonstrating a good command of the relevant legal terminology.

Excellent (29–30)
Excellent knowledge of all topics covered by the syllabus; excellent ability to examine and analyse the various parts of the syllabus in depth; excellent ability to make connections between different topics; excellent analytical and critical skills; consistently accurate and technically appropriate use of language, demonstrating a very good command of the relevant legal terminology.

Excellent with Honours (30 cum laude)
Outstanding knowledge of all topics covered by the syllabus; outstanding ability to examine and analyse the various parts of the syllabus in depth; outstanding ability to make connections between different topics; outstanding analytical and critical skills; consistently accurate and technically appropriate use of language, demonstrating an outstanding command of the relevant legal terminology.

 

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Artificial Intelligence (AI) tools will not be used for assessment.

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Students with specific learning difficulties (SpLDs), temporary or permanent disabilities: Students are encouraged to contact the University's Disability and Specific Learning Difficulties Service at the earliest opportunity (https://site.unibo.it/studenti-con-disabilita-e-dsa/en). The Service will propose any appropriate reasonable adjustments for the students concerned. Any such adjustments must, however, be submitted to the lecturer for approval at least 15 days in advance. In deciding whether to approve the proposed adjustments, the lecturer will take into account their appropriateness in light of the intended learning outcomes of the course. Where the University's Disability and Specific Learning Difficulties Service recommends the use of mind maps as a reasonable adjustment, students are advised that such mind maps must be prepared using keywords only.

 

Teaching tools

(1) Computer and projector; presentation slides; multimedia resources; Internet access; and, where appropriate, interactive learning tools to reinforce students' understanding of the course content during face-to-face teaching. 

(2) Supplementary teaching materials, including case law, scholarly articles, and other selected reading materials.

Office hours

See the website of Fabio Bravo