11316 - Private Law

Learning outcomes

The aim of the course is to provide the student with a base knowledge of structures and institutions regulated by the Civil Code, with particular regard to property rights, inheritance, obligations, contract law and tort law. At the end of the course the student will be able to use the Italian Civil Code and will acquire the necessary familiarity with the language and the logic of Private law

Course contents

The course is annual, and is divided into two teaching modules; the first - I semester - will be carried out by prof. Annalisa Atti, the second - II semester - by prof. Antonio Albanese

The course program will have as its object:

First module

- The sources of private law today, between code, special legislation and supranational sources.

- Statehood of the law and global society.

- The vocabulary of private law: subjective positions, the legal relationship, legal facts and legal acts.

- (notes) Subjects of private law: natural persons (capacity; support measures) and legal persons; entities (associations, foundations and committees; ETS).

- Personality rights, from "classic" rights to "new" rights.

- The goods and the "new" goods.

- (notes) Property law: property and other rights. Possession. Protection and actions.

- (notes) The ways of purchasing the property; methods of purchase by original and derivative, notion and differences.

- (notes) Family and families: marriage, civil unions, de facto family. The children. The family crisis. Asset ratios.

- (notes) Successions due to death; types and forms of succession; digital inheritance. The institutions of the "after us" and "family pacts".

- The events of rights: prescription and forfeiture. The protection of rights (notes).

- The general clauses: solidarity, equitableness, good faith, abuse of right.

Second module

- Bonds, notion and types. The sources of bonds. The events of obligations, extinction, fulfillment and non-compliance.

- The contract, notion and discipline. Physiology and pathology of the contract. The contractual autonomy and the criteria of behavior of the contractors.

- (notes) The individual contracts (sale, contract, lease, mandate).

- Guarantees and credit protection.

- Torts: liability.

Readings/Bibliography

F. GALGANO, Istituzioni di Diritto privato, Cedam, XI edition, 2024. Full text.

or

G. VISINTINI, Nozioni giuridiche fondamentali. Diritto privato, Zanichelli, VIII edition, 2025 (no cap. X)

or

P. ZATTI - A. FUSARO, Diritto privato (corso istituzionale), Cedam, VIII edition, 2023, (no cap. 31 and 32)

Can be useful for studying

L. GAUDINO, Schemi di diritto privato, Pacini, 2nd edition, 2022

It is required to match the study of the textbook with the ongoing consultation of the Civil Code and the Constitutional charter, the main European legislation and the principal special laws (any updated edition). You can find an updated text of Civil code here:

http://www.ipsoa.it/codici/cc

https://www.altalex.com/documents/codici-altalex/2015/01/02/codice-civile

https://www.studiocataldi.it/codicecivile/

https://lexscripta.it/codici/codice-civile

 

Teaching methods

TThe purpose of the course is to bring the student to know the fundamentals of private law in its structural characteristics, and to master the most essential civilistic notions, which are the basis of numerous teachings of the course of study.

In the first module, many concepts and institutes will be covered that present connections with the contemporary teachings of Basic legal concepts, Constitutional law and History of modern and contemporary law.

In the second module, the classic topics of obligations, contracts, and illegal acts will be dealt with, also linked, as well as the teachings of the first semester, to the simultaneous teaching of Market Law and labor relations and the Seminar Thinking as a lawyer.

The topics of the lessons will start from the topics of the exam program, to be read before the lesson (for some slides or schemes will also be distributed in advance); the in-depth studies in the classroom will draw, where possible, inspiration from particularly important jurisprudential pronouncements, from regulatory innovations or from current issues, from examples and concrete cases.

Classes take place in person, according to the indications of the University. Attendance is not mandatory.

 

Assessment methods

Registration for the examination lists will be done through the Faculty computer system. There is no propaedeutic exam required.

The exam, as it is an annual course, can only be taken from the end of the second semester. However, at the end of the first semester, for attending students there will be a written partial (testmultiple choice) on the topics covered by the first module of lessons, which, in case of a positive outcome with a vote greater than 21, will allow a reduced program to be brought to the oral.

The evaluation of the knowledge will be carried out taking into consideration: Knowledge of institutional framework; the ability to make connections between the different parts of the program; ability to develop critical issues, understanding different jurisprudential and doctrinal guidelines; the property of presentation; accuracy of exposition.

By way of example, the following criteria will be used to assess the final mark (that will be out of 30/30):

- sufficient or barely sufficient knowledge on the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;

- fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;

- comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-28/30;

- extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 29-30L/30.

Incoming students involved in the Erasmus Programme are required to follow the regular Programme; nonetheless it is suggested to agree on a specific program with the Professor.

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.

Teaching tools

During the frontal lessons, additional material (cases, comments, essays, legislation, etc.), will be made available on Virtuale (to attending students) for discussion and deepening of the relevant topics; they're not part of the mandatory textbooks required for the exam, but are raccomended for take active part in the lessons.

Summaries on individual topics will be distributed on Virtuale.

It is advisable to promptly register for the course on Virtuale, in order to access the teaching materials.

 

Office hours

See the website of Annalisa Atti

See the website of Antonio Albanese