B5088 - PRIVATE AND DIGITAL LAW

Learning outcomes

The course primarily aims to provide students with a general understanding of the foundations of private law and its key institutions, including property law, contract law, fundamental concepts, and the structure of international contracts, legal entity law, and the law of obligations. This course will help students familiarize themselves with the fundamental legal principles essential for business operators at both the national and international levels, equipping them with the ability to comprehend the private law regulations relevant to resolving a wide range of legal issues. Special attention will be given to the analysis of emerging phenomena --such as IoT, A.I., GDPR, and smart contracts-- along with their principal legal implications for modern business and society.

Course contents

1. Foundations of Private Law

• Functions and principles of private law
• Civil law and common law legal traditions
• Domestic, European and international sources of law
• The role of private law in economic activities

2. Legal Subjects and Subjective Legal Situations

• Subjective legal situations
• Natural persons: legal capacity, capacity to act and natural capacity
• Legal persons: associations, foundations and committees
• Personality rights and the information society

3. Property Law

• Goods and property
• Possession
• Acquisition and protection of property rights
• Property law in contemporary markets

4. Obligations and Contracts

• Sources of obligations
• Performance and non-performance of obligations
• Modification and termination of obligations
• General principles of contract law
• Formation, validity and interpretation of contracts
• Performance, remedies and contractual liability
• International commercial contracts

5. Private Law, Consumer Protection and Tourism

• Consumer contracts
• Consumer protection
• Tourism services and package travel
• Transport contracts
• Liability in the tourism sector
• Cross-border legal relationships

6. Private Law and Digital Innovation

• Data protection and privacy (GDPR)
• E-commerce and digital platforms
• Smart contracts and blockchain
• Non-fungible tokens (NFTs)
• Artificial Intelligence and private law

Readings/Bibliography

The course is primarily based on the following textbook:

G.R. Filograno, "Private Law. Notes on the Italian System", Edizioni Scientifiche Italiane, Napoli, 2021.

Learning materials uploaded to the University's Virtual Learning Environment (Virtuale) form an integral part of the examination programme.

Teaching methods

Teaching activities are primarily based on lectures, supported by presentation slides and other teaching materials where appropriate. Students are encouraged to actively participate in class discussions and the analysis of practical cases related to the topics covered during the course.

The course also provides opportunities for students to present, on a voluntary basis, a case study or a short paper on a topic related to the course, fostering critical thinking, legal reasoning and discussion among peers.

Assessment methods

Grades for attending and non-attending students will be based on a final closed-book written examination.

Attending students may, on a voluntary basis, prepare and present either a case study or a short paper on a topic related to the course. Presentations may be delivered during the course or, if the number of presentations exceeds the available class time, on an additional date scheduled by the instructor.

Depending on the quality of the work and the presentation, students may be awarded a bonus ranging from +1 to +3 points, which will be added to the mark obtained in the final written examination. Attendance may be checked randomly during classes.

The written examination will last 1 hour and will include 20 multiple-choice questions and 2 short open-ended questions. Each multiple-choice question is worth 1 point, while each open-ended question is worth 5 points, for a maximum of 30 points. The open-ended questions require concise answers of approximately 8–10 lines each. Incorrect or unanswered multiple-choice questions receive 0 points. Students must obtain at least 18/30 to pass the examination. Final marks will be rounded up when the decimal is 0.5 or higher.

Students may reject the grade obtained in the examination by notifying the instructor via email within the deadline established for grade registration.

Teaching tools

Lectures will be supported by presentation slides prepared by the instructor. Additional teaching materials may also be made available to students, including scholarly articles, case law, legislative materials, and other documents relevant to the topics covered during the course.

Office hours

See the website of Francesca Ferretti