96477 - DIRITTO DEI CONTRATTI IMMOBILIARI

Learning outcomes

The teaching aims to provide students in the final year of the legal course of the master's degree in law with a thorough knowledge of some of the main and current issues concerning contract law with particular regard to the real estate sector, thus with a comprehensive view of the issues of civil contract law, real estate and real rights in general, as well as the new economic and contractual realities of the globalized market. He/she is able to move within the inherent legal cases: from new types of sales (such as assignments of cubage, timeshares, contracts with builders) to contracts for the fulfillment and promotion of business (such as mandate, mediation, agency), from contracts for works and services (such as contracting, engineering contract) to forms of financing for businesses (such as mortgage, factoring, leasing and lease-back). The student is therefore able to provide legal and fiscal advice regarding these types of contracts, including from a comparativistic perspective, as he or she has also developed knowledge of the Unidroit principles and European contract law.

Course contents

1. Contracts in the market: the structure of the market and the phenomenon of business networks: legal networks such as franchising, and economic networks based on de facto relationships and subcontracts; European contract law: the Europeanization of contract law and the UNIDROIT Principles 2004.


The form and content of acts, from publicity to the telematic transmission of acts and related requirements 2. The computer document, electronic signature and digital signature;


3. corporate voluntary jurisdiction: notarial probate;


4. business succession and family pacts;


5. real estate contracts: modalities and stages of purchase, obligations and guarantees of the seller, tax aspects and benefits. The new cases of contracts with builders, timeshare sale, cubage transfer, transfer of cultural property. The legal regime of parking spaces. The building amnesty;

6. contracts for the circulation of goods, from the sale typified in the code to the new contracts for sales on television and on the Internet; contracts for works and services in technological innovation, from contracting to the new engineering contract; contracts for the performance or promotion of business, such as mandate, mediation and agency contract; contracts for financing and credit to the enterprise, from mortgage to the new figures of factoring, leasing and lease-back contracts and their guarantees; trust contracts, from the duty of good faith to trust property, from the recognition of the new figure of the trust c. d. internal;


7. mortgage conveyancing and the "portability of mortgages";

8. construction companies: companies, corporations, building cooperatives and business groupings in their contractual capacity in the light of the latest reforms and the phenomenon of market globalization;

Readings/Bibliography

Recommended as textbook:


- F. Galgano, Private Law, Cedam, Padua, ult. ed. (ONLY PART ON CONTRACTS)


Supplementary readings.


It may be useful to complement the above textbooks with additional materials for knowledge, reflection, and debate; in-depth handouts may also be provided. For an initial orientation, we recommend:


- P. Zanelli, Guida notarile, Utet, Turin, 2010.


- S. Princivalle, Real estate purchases in the politics of emergency, InRiga, Bologna, 2018.

Teaching methods

The profit examination will be conducted in oral form. The interview will cover the topics indicated in the "Program and Contents" section.


The evaluation of the test will be made taking into consideration:


- the knowledge of institutional profiles;


- the ability to analyze jurisprudential and doctrinal orientations;


- the ability to make connections between the different parts of the program;


- the ability to develop critical arguments;


- the articulation of the exposition;


- the accuracy of the exposition.


The awarding of the final grade will be guided by the following criteria:


- Sufficient or little more than sufficient preparation on the topics covered, poor critical ability, difficulty in using technical-legal language → 18-21;


- Fair or fairly good preparation on the topics covered, fair critical ability, good use of technical-legal language → 22-25;


- Good or more than good preparation on the topics covered, good critical ability, mastery of technical-legal language → 26-29;


- Substantially comprehensive preparation on the topics covered, excellent critical ability, full mastery of technical-legal language → 30-30L.

Office hours

See the website of Giovanni Facci

See the website of Silvia Princivalle