93369 - Private Law

Learning outcomes

The course aims to provide students with the fundamentals notions of Italian civil law, with special regard to goods and property, intellectual property, obligations, contracts and commercial advertising, securities and torts, natural and legal persons, including business associations and cooperatives.

Course contents

The course is divided into two parts: a general part and a second part devoted to contracts and torts, including the regulation of Artificial Intelligence (AI).

The general part examines: (1) the fundamental concepts of private law (including the functions of law, the legal system, legal rules, objective and subjective rights, limitation periods and forfeiture, sources of law, the temporal application of legislation, statutory interpretation, and private international law); (2) legal persons and personality rights; (3) property, ownership (including the methods of acquiring ownership), possession and detention, rights in rem over another's property, co-ownership, and timesharing; and (4) obligations, performance, and non-performance.

The part devoted to contracts and torts examines: (1) the concept of contract, contractual autonomy, and its limits; (2) the essential elements of a contract: agreement, causa, subject matter, and form; (3) the process of contract formation; (4) preliminary contracts; (5) consumer contracts; (6) the validity and invalidity of contracts; (7) the effectiveness and ineffectiveness of contracts; (8) representation; (9) the effects of contracts as between the parties and with respect to third parties; (10) termination and rescission of contracts; (11) standards of conduct governing contracting parties and principles of contractual interpretation; (12) specific contract types (including sale, lease, mandate, gratuitous loan for use, loan for consumption, works contracts, contracts for services, carriage, deposit, insurance, annuity, antichresis, and settlement agreements); (13) torts and civil liability; (14) Artificial Intelligence and Contract Law; and (15) Artificial Intelligence and Civil Liability.

For a more detailed description of the course content, students should refer to the bibliography listed in the following section entitled "Texts/Bibliography".

Students attending the course may replace the part of the syllabus relating to torts, or another part of the syllabus identified by the course convenor during the lectures, with an in-depth study of one or more topics designated by the lecturer during the course.

Readings/Bibliography

1) F. Galgano, Diritto privato, Wolters Kluwer–Cedam, Milan, latest edition, limited to Chapters 1–19 and Chapter 53

2) A selection of materials on the legal regulation of Artificial Intelligence (AI), available on the University's "Virtuale" online learning platform

3) Students attending the course may follow an alternative study programme, replacing part of the prescribed syllabus. Details will be provided during lectures and subsequently published on the "Virtuale" online learning platform throughout the teaching period.

Teaching methods

Teaching methods include lectures, the analysis and discussion of significant judicial decisions, practical exercises and simulations, and flipped classroom activities. Where appropriate, Artificial Intelligence (AI) tools may be used for practical legal exercises. The course may also include conferences, seminars and/or workshops on selected topics. Students may also be invited to give 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

A computer and projector, presentation slides, multimedia resources, internet-based materials, and, where appropriate, interactive learning tools to support the consolidation of course content under the guidance of the lecturer.

Supplementary teaching materials, including case law, model contractual documents, and academic legal literature.

Legal databases for researching case law, legislation, and legal scholarship in order to solve case studies.

Office hours

See the website of Fabio Bravo

See the website of Francesca Mollo