74774 - Civil Law

Learning outcomes

The course fosters a comprehensive, consistent as well as critical understanding of private law institutions. It adresses the reciprocal interaction of norms, principles, and tenets of private law.

Student shall assess the contribution of each of these elements in building a system characterized by an ever-increasing complexity of sources and interpretative solutions.

The evolution of concepts in the italian jurisdiction, always related to the growth of the western legal tradition, toghether with a thorough case analysys will lead the student towards a truly conscious approach to the topics covered.

Course contents

During the first semester a complete overview of contract law will be provided.

The second semester will focus on the contract of sale.

Through trial simulations, laboratories, case analysis and research activities, students will actively participate in the course and they will be able to acquire a better understanding of contract law issues. For this purpose the course will offer a trial simulation.

Attending the course students should establish a strong foundation in the major civil law issues. Specific attention will be given to the identification of the key guidelines needed to deal with contracts and sales, within the footprints of the sistemic evolution of market regulation through contract rules and remedies.

Part 1 - Contract Law

Part 2 - Sale and sales (sale, in general; specific sale rules)

Readings/Bibliography

A thorough re-reading and knowledge of the general institutions of private law (taxonomy of legal facts, acts and legal transactions; the law of obligations; securities and credit guarantees; transfer of property) is mandatory.

The textbooks to be studied are:

- A. Cataudella, I contratti. Parte generale, 4a ed. (o più recente), Giappichelli, 2014, entirely;

-A. Luminoso, La compravendita, 10a ed. (o più recente), Giappichelli, 2021), the following Chapters: I, II, III, IV, V (only these Sections: Introduzione, sez. I, sez. II, sez. III, sez. VI, sez. IX), VI, VII, VIII, IX.

Students that have to obtain credit integration only must study:

1 CREDITO: A. Luminoso, La compravendita, 10a ed. (o più recente), Giappichelli, 2021, Cap. VII.

2 CREDITI: A. Luminoso, La compravendita, 10a ed. (o più recente), Giappichelli, 2021, Capp. VI e VII.

3 CREDITI: A. Luminoso, La compravendita, 10a ed. (o più recente), Giappichelli, 2021, Capp. I, II, III, IV e VIII.

4 CREDITI: A. Luminoso, La compravendita, 10a ed. (o più recente), Giappichelli, 2021, Capp. I, II, III, IV, VIII e IX.

5 CREDITI A. Luminoso, La compravendita, 10a ed. (o più recente), Giappichelli, 2021, II, III, IV, VI.

da 6 CREDITI a 12 CREDITI: A. Cataudella, I contratti. Parte generale, 4a ed. (o più recente), Giappichelli, 2014, per intero, unitamente a altri capitoli di A. Luminoso, La compravendita, 10a ed. (o più recente), Giappichelli, 2021, to be agreed upon with Prof. Martino.

Teaching methods

The class is held by Prof. Marco Martino, who lectures during the first semester. Two other lecturers will be appointed for a limited segment of the course in the second semester.

During the first semester, lessons will be delivered in presence, according to UNIBO rules.

A particular focus on case law is also fostered.

Attending students may study selected cases through small working groups. A trial simulation may be settled during the course, as a conclusion of the case law analysis.

Assessment methods

The course will cover the entire academic year and for students that will satisfy the attendance requirements will be possible to take the exam in all sessions from May.

The assessment of the interview will be carried out taking into consideration:

• the knowledge of institutional profiles;
• the ability to analyze the jurisprudential and doctrinal guidelines;
• the ability to make connections between the different parts of the program;
• the ability to develop critical arguments;
• the exposure articulation;
• the accuracy of the exposure.

Registration for the exam must be done using the Almaesami application ( https://almaesami.unibo.it/almaesami/welcome.htm ).

The evaluation will be graded considering the following criteria:

preparation on most of the topics of the exam program, but with limited analytical skills, such as to require the explanatory intervention of the teacher; correct language, but without technicality: 18-21;
preparation on the whole exam program, with autonomous analytical skills, even if not in depth, ccorrect language, but without technicality: 22-24;
preparation on the whole exam program, with autonomous and in-depth analytical skills, correct and sufficiently technical language: 25-27;
preparation on the whole exam program, with independent and in-depth analytical skills, good mastery of language of technical language: 28-29;
preparation on the whole exam program, with independent and in-depth analytical skills, excellent mastery of language of technical language: 30-30LStudents are allowed to take the Civil Law examination only after having taken Private Law and Public Law.

Degree thesis

The degree thesis is assigned by Prof. Marco Martino after an interview.

Students are supervised by a tutor appointed by Prof. Marco Martino

Teaching tools

Students who compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) shall communicate to the teacher their needs so as to be directed to the dedicated person and arrange on the adoption of the most appropriate measures.

Erasmus students can ask to the Professor adjustment of the program according to their learning agreement.

Office hours

See the website of Marco Martino

See the website of Carlotta Ippoliti Martini

See the website of Patrizia Petrelli