C9656 - SOSTENIBILITA' E DIRITTO PRIVATO

Learning outcomes

The course aims to provide students with the conceptual and methodological tools to understand how the principles of sustainable development — in their threefold environmental, social and economic dimensions — are redefining the fundamental categories of private law. Building on the constitutional reform of 2022 (Articles 9 and 41 of the Constitution), students will develop the ability to critically analyse legal institutions such as property, contracts and civil liability, within the ongoing dialogue between domestic law, European Union law and international law, as well as a command of the relevant legal and ESG terminology.

In addition to the prerequisite examinations in Private Law and Constitutional Law, it is recommended that students have previously passed the examination in International Law.

Course contents

The programme covers the following topics, within the dialectic between private law and sustainability:

• The principle of sustainable development in international and EU sources of law
• Constitutional foundations of the principle of sustainable development
• Personality rights and environmental protection
• Theory of goods and common goods
• Property and rights in rem
• Obligations and contracts
• Consumer law
• Financial intermediation, sustainable finance and fiduciary duties
• Civil liability towards the State
• Civil liability towards the enterprise
• Climate change litigation

Readings/Bibliography

L. Cuocolo, Diritto dello sviluppo sostenibile, il Mulino, 2025, limited to Chapters I, II, III, V and X.

A. Buonfrate and A. Uricchio (eds.), Trattato breve di Diritto dello Sviluppo Sostenibile, CEDAM, 2023, limited to Chapters VIII (Section Two), IX (Section One) and X (Section Three).

R. Rolli, L'impatto dei fattori ESG sull'impresa. Modelli di governance e nuove responsabilità, Il Mulino, 2020, limited to Chapters I, III and IV.

R. Rolli, Dal negozio giuridico alla contract governance. Riflessioni sulle funzioni del contratto nella società civile e nell'impresa, Il Mulino, 2026, limited to pages 163 to 260.

Further course reference material is available on the course's teaching platform at virtuale.unibo.it.

Teaching methods

Lectures are delivered in a frontal format.

Within the framework of the course, national, European and foreign judicial decisions will be analysed, as well as recently adopted European Union legislation; short presentations (e.g. case briefs) on topics covered in the course will also be organised for attending students at the end of the cycle, to be presented to the class.

Attendance at lectures is instrumental to learning the interdisciplinary study method and to the in-depth examination, in the light of the most significant rulings, of the most relevant and current aspects of the relationship between private law and sustainability, which will be subject to assessment in the oral examination.

Assessment methods

The examination is oral.

The assessment of the oral examination will take into account the knowledge of the legal institutions addressed in the course, the ability to draw connections between the various thematic macro-areas of the programme and between private law and the principles of sustainability, the command of legal terminology, as well as the ability to develop critical arguments, including with reference to national, European and foreign judicial decisions analysed during the course.

The grading of the final mark will be carried out according to the following general criteria: basic knowledge of the fundamental institutions and an analytical ability that emerges only with the assistance of the lecturer, presentation in generally correct language albeit not technical, limited ability to make connections between private law and sustainability principles: 18-20; knowledge of all the institutions addressed in the course, with an autonomous, albeit elementary, capacity for analysis and for linking private law to sustainability themes, with still partial references to sustainability principles, presentation in correct language inclusive of the most relevant legal technicalities: 21-24; in-depth knowledge of the institutions addressed in the course, good command of legal terminology, ability to make autonomous choices of critical analysis and to draw connections between the various areas of the programme, with an adequate ability to link private law institutions to sustainability principles with precise references to case law: 25-29; in-depth knowledge of all the topics addressed in the course, full command of legal terminology, ability to make fully autonomous choices of critical analysis and of interdisciplinary linking between private law and the principles of sustainability, also in a comparative perspective: 30-30L.

The foregoing indications, relating to the programme and the examination procedures, also apply to Erasmus students.

With regard to the assessment of learning, the use of AI is prohibited. Any use thereof constitutes a violation of academic integrity.

GRADUATION THESIS

The graduation thesis is assigned by the lecturer following a preliminary meeting with the same. The graduation thesis must be delivered to the lecturer at least twenty days before the date set for the deposit of the work at the secretariat.

Teaching tools

Students who, on account of disabilities or specific learning disorders (SLD), require compensatory tools may communicate their needs to the Lecturer so as to be directed to the relevant contact persons and agree on the adoption of the most appropriate measures.

Students are recommended to contact the responsible University office in due time (https://site.unibo.it/studenti-con-disabilita-e-dsa/it ): it shall be its responsibility to propose any adaptations to the interested students, which must in any case be submitted, with 15 days' advance notice, to the approval of the lecturer, who will assess their appropriateness also in relation to the learning objectives of the course.

Office hours

See the website of Rita Rolli

See the website of Francesca Ferretti