91374 - Foundations Of Private Law

Learning outcomes

The main purpose of the course is to provide students with a thorough knowledge of the core concepts and tenets of Private Law from a comparative, historical and cultural (in its higher meaning) perspective. The attention focuses on Private Law and its sources, in order to recognize and understand the principles that underlie the basic fields of such a complex system. The course aims at training students to gradually develop a systematic knowledge of Private Law terminology and logic enabling them to efficiently handle the main problems arising, in different jurisdictions (notably: Germany, France, Italy), in property, contract, torts and unjust enrichment. At the end of the course the student is expected: - to become familiar with the legal notions of property rights, contractual rights and obligations, the applicable remedies in case of violation of property and contractual rights, as well as the nature and legal consequences of human and entrepreneurial activities

Course contents

The main purpose of the course is to provide students with a thorough knowledge of the core concepts and tenets of Private Law from a comparative, historical and cultural (in its higher meaning) perspective.

The attention focuses on Private Law and its sources, in order to recognize and understand the principles that underlie the basic fileds of such a complex system.

The course aims at training students to gradually develop a systematic knowledge of Private Law terminology and logic enabling them to efficiently handle the main problems arising, in different jurisdictions (notably: Germany, France, Italy), in property, contract, torts and unjust enrichment.

Special emphasis will be paid to the European attempts toward an harmonization of the law of contract (PECL, DCFR).

Course Contents:

Part I

Rules, principles, legal system: a comprehensive view of Private Law as a phenomenon (insights on property, possession, promises, torts and unjust enrichment)

European Private Law

Part II

Contract law: promises, offer and acceptance, mistake, unexpected circumstances, consideration and form, remedies. Rules and models in the main european national jurisdictions and in the DCFR.

Readings/Bibliography

It is mandatory to study the following textbooks:

- P. Sirena, Introduction to Private Law, il Mulino, Bologna, 2021 (3rd ed., or newer if available), pp. 167-375.
- James R. Gordley, Foundations of Private Law. Property, Tort, Contract., Unjust Enrichment, Oxford University Press, 2006, pp. 1-458 (only a selection of excerpts, suggested during lectures);
- Jan M. Smits, Contract Law. A comparative introduction, Elgar, 2021 (3rd ed., or newer if available).

During lectures, and especially during the first part of the course, students will also be provided with mandatory papers to be added to the previous mandatory materials.

All CFU additions must be agreed in writing with Professor Martino.

Teaching methods

Lessons are taught by Professor Marco Martino, who holds the course, and by Dr. Loris Di Cerbo, as adjunct lecturer.

Learning will be stimulated by a continuous reference to case law.

A critical and maieutic approach to surveying the structure of rules and to tenets of private law will be favoured.

Students are encouraged to discuss with the lecturer the inner grounds of rules, principles and doctrines explained during the lessons.

The course will be held during the second semester and for students that will satisfy the attendance requirements will be possible to take the exam in all sessions since May 2026.

 

Assessment methods

The exam is oral.

Students are encouraged to submit short papers individually assigned and to be outlined during classes and a final paper before the final exam.

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.

The final 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: 30-30L

 

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

Teaching tools

Supporting materials (legal cases, documents, legal texts) will be made available to students on the website.

 

Students with learning disorders and/or temporary or permanent disabilities: please contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

Office hours

See the website of Marco Martino

See the website of Loris Di Cerbo