74765 - Civil Law (A-C)

Learning outcomes

The course aims to enable the student to carry out the analysis of the fundamental institutions of the matter. The criterion used is the constant comparison between the normative data codicistico and the result appears in the current law, in the light of case law. The primary objective of the course is therefore to make the student capable of rebuilding basic institutions of civil law in the context of the renewed system of sources of law that now provides for the constitution, international treaties, the right to European source and the lex mercatoria.

Course contents

The goal of the course is to provide students, in the first half, a complete overview on the bonds and the contract, in the second half, to deepen the system of civil liability, showing the role that flexible rules (eg guilt, causality) and the general conditions (such as undue damage) had current law.

The overall result is to provide students with a complete picture of the system of obligations and contracts and a precise knowledge of the techniques of interpretation in the formation of the current law, intended as living law.

part I

§ the obligation;

§ the protection of the credit;

§ the contract and the private autonomy.


Part II for attending

· Torts in the system of the sources of obligations and the concept of civil liability;

· The fact concept;

· The causal relationship and the rules for the competition;

· Guilt and willful misconduct;

· The professional misconduct;

· The damage to be compensated;

· Descriptive concepts of the damage;

· Estimation and assessment of damages;

· The financial damage to the person;

· The biological damage and the new non-pecuniary damage;

· Damage mourning.

Part II for students not attending

§ unlawful acts in the system of the sources of obligations and the concept of civil liability;

§ the fact concept;

§ the causal relationship and the rules for the competition;

§ guilt and willful misconduct;

§ the professional misconduct;

§ strict liability;

§ the unjust loss in history and in the present;

§ the exemption from liability from liability;

§ illicit tort and other offenses.

The exam in debt students carry the program on your year of study.

 

In parallel to the lessons, one or more practices will take place face to face or online, lasting about 2 hours, consisting in the concise illustration of a topic by the teacher and in the delivering to the students of an open-ended question, in the drafting by students of a written text following the instructions set out above (within the time limits and according to the extension indicated by the teacher), finally in the self-correction by the students following a description by the teacher of the optimal methods and contents of the written answer, leaving the students time for questions and request for verification of any errors.

Readings/Bibliography

For attending students:

(a) F. GALGANO, Trattato di diritto civile, vol. II, Cedam, Padova, ultima edizione fino alla Parte VIII compresa.

(c) M. FRANZONI, Dalla colpa grave alla responsabilità professionale, Giappichelli, ultima edizione (interamente)

(b) M. FRANZONI, Il danno risarcibile, Giuffrè, Milano, 2010, da p. 1 a p. 240; da p. 307 a p. 420; da p. 489 a p. 555; da p. 647 a p. 698.

For not attending students:

(a) F. GALGANO, Trattato di diritto civile, vol. II, Cedam, Padova, ultima edizione fino alla Parte VIII compresa.

(b) M. FRANZONI, L'illecito, Giuffrè, Milano, 2010, da p. 1 a p. 676; da p. 867 a p. 1265.

For students who must mature 3 credits:

Franzoni M ., Francesco Galgano - Maestro non conformista, Bologna University Press, Bologna, 2023.

For students who must mature 5 credits:

Franzoni M ., Dell'annullabilità del contratto (art. 1425-1426), II ed., Giuffrè, Milano, 2005, escluso l'art. 1426.

For students who must mature 7 credits:

M. FRANZONI, Il danno risarcibile, Giuffrè, Milano, 2010, da p. 1 a p. 756.

For students who must mature 10 credits:

M. FRANZONI, L'illecito, Giuffrè, Milano, 2010, da p. 1 a p. 1220.

For studentsCurriculum italo-francese (CFU:10)

1) F. Galgano,Trattato di diritto civile, volume II, Cedam, Padova, ultima edizione fino alla Parte VIII compresa.

2) M. FRANZONI, Dalla colpa grave alla responsabilità professionale, Giappichelli, ultima edizione, da pag. 1 a pag. 117; da pag 175 a pag. 201; da pag. 241 a pag. 263.

For incoming students arriving in Bologna as part of Erasmus or other international mobility programs:

(a) F. GALGANO, Trattato di diritto civile, vol. II, Cedam, Padova, ultima edizione fino alla Parte VIII compresa.

(c) M. FRANZONI, Dalla colpa grave alla responsabilità professionale, Giappichelli, ultima edizione (interamente)

Teaching methods

Classes are held on an annual basis and, therefore, those who obtain the certificate of attendance in the current academic year will take the exam only from the month of May.The exam will take place exclusively in oral form.

Students attending in the course, at a rate not less than 80% of the classes, will support a partial interview on the General, at the end of the first half of lessons. This test mode is still conditioned to the maintenance of frequency above the threshold during the whole course of lessons (from October to May).

Studentes not attending should bring their program assigned.

Students who for reasons dependent on disabilities or specific learning disorders (SLD) need compensatory tools will be able to communicate their needs to the teacher in order to be addressed to the referents and agree on the adoption of the most appropriate measures

Assessment methods

The exam can be taken only after Constitutional Law and Private Law.

Students enrolled in four-year degree courses will support the exam only in oral form.

Gradation of the final grade:
Preparation on a very limited number of topics covered in the course and analytical skills that emerge only with the help of the teacher, expressed in an overall correct language → 18-19;
Preparation on a limited number of topics covered in the course and ability to autonomous analysis only on purely executive matters, expression in correct language → 20-24;
Preparation on a large number of topics covered in the course, ability to make independent choices of critical analysis, mastery of specific terminology → 25-29;
Basically exhaustive preparation on the topics covered in the course, ability to make autonomous choices of critical analysis and connection, full mastery of specific terminology and ability to argue and self-reflection → 30-30L.

The examination program is expected in the year of the course in which the students have acquired the certificate of attendance or, chosen by the student, the one shown on this page. It also states that students enrolled in the four-year Bachelor of for M-Q letters must bring the following program:

F. GALGANO, Diritto civile e commerciale, IV ed., Cedam, Padova, 2004, I volum, pp.135-513; volume II, 1 e 2; IV volum, pp. 149-329.

The students’ knowledge is assessed through a discussion, to evaluate the actual achievement of the learning outcomes. The exam consists in an interview with the appointed commission on the topics included in the programme.

The assessment will take into account the knowledge of the relevant institutional framework, the ability to analyse doctrinal and jurisprudential opinions and, to single out connections between the relevant topics, to critical reasoning, as well as the clarity of presentation and critical thinking.

Teaching tools

Students who actively follow the course will be able to participate in a case study analysis, aimed at the reconstruction of the evolution of case law in the subject matter of the course. During the course potranne you are suggested additional reading support.

Office hours

See the website of Massimo Franzoni

See the website of Angelo Riccio