37294 - Principles of Law

Learning outcomes

At the end of the course students will be able to understand the main legal issues concerning the law of contract and obligations both in civil law and common law systems. They will also be equipped with the knowledge of the most important public law principles and rules concerning the role of the State and the public entities in an supranational, interrnational and global context.

Course contents

Legal systems:

- nature and categories

Rules and norms

Forms of States:

- unitary

- federal

- regional

Forms of governments:

- Parliamentary executive

- Presidential executive

- Directorial executive

The State:

- population

- territory

- sovereignty

Constitutions and constitutional principles

The Sources of law:

- sources on production

- sources of production

- sources of cognizance

- act and facts

EU sources of law:

- the relation between domestic systhem and the EU system

Principles of italian contract and tort law:

- legal capacity

- capacity to act

- legal and natural persons

- obligations

- the contract

- nullity

- voidability

- vices of will

- liability

Principles of english contract law and Principles of European Contract Law (PECL):

- capacity to act

- legal and natural persons

- obligations

- the contract

- nullity

- voidability

- vices of will

- liability

 

Readings/Bibliography

R. Wacks, Law  - A very short introduction, Oxford 2008 or 2015 edition

J. M. SMITS, Contract law - A comparative Introduction, Edward Elgar, Paperback, 2015 or 2017, Chapters 1; 2 (pp. 16-17, 27-36); 3; 4 (pp. 63-83); 7; 8 (pp. 136-137; 142-155); 9; 11; 12 (pp. 209-211, 214-216, 220-227); 13 (pp. 229-231, 235-242).

G. F. Ferrari, Introduction to italian public law, Giuffrè Lefebvre, 2018 Chapters 1, 2, 3, 11, 13, 14.

G.Iudica, P.Zatti, Language and rules of italian private law: a brief textbook, Woltres Kluwer- Cedam, Padova, 2020 edition, Chapter 1 (pp. 1-18), Chapters 2-6 (pp. 25-70), Chapters 8-14 (pp. 79-152), Chapter 15 (pp. 153-161, paragraphs 1-8), Chapter 16-17 (pp. 165-178), Chapter 18 (pp. 179/190, paragraphs 1,2,3 and pp. 199/200, paragraph 4); Chapters 20-21 (pp. 219-236), Chapters 23-24 (pp. 245-258).

 

Teaching methods

Frontal lessons

Cases analysis and solutions

 

Participation of Exchange Students:

A maximum of 20 exchange students (Erasmus, Overseas, etc.) is accepted. FIRST COME, FIRST SERVED logic will be used for incoming students.

Assessment methods

In room test

First Half test: 1 hr written exam consisting in 1 open question on public law and 1 open question on private law.

The minimum mark to pass is 18/30.

Second Half test: 1 hr written exam consisting in 1 question on italian civil law and in the solution of a case according to Uk contract law.

The minimum mark to pass is 18/30.

The final mark is the average of the two half test marks

Full test: 2 hr written exam consisting in 3 questions + solution of a case to be done in 2 hrs.

The minimum mark to pass is 18/30

The evaluation will take into consideration:
• knowledge of institutional profiles;
• knowledge of case law;
• connections between different parts of the program;
• debate skill;

• writing ability;

• writing accuracy.

It is not an open book exam. English dictionaries may be used.

Online test

The students who will not be able to participate to the test will have to pass an oral exam with the same content of the written one.

The evaluation will take into consideration:
• knowledge of institutional profiles;
• knowledge of case law;
• connections between different parts of the program;
• debate skill;

• speaking ability;

• speaking accuracy.

Registration

The registration to the exam must be made on-line.

Evaluation Grid

The test assessment grid will be as follows:

• <18 insufficient
  

• 18-23 sufficient

• 24-27 average/good

• 28-30 very good
  

• 30 cum laude excellent/outstanding

Teaching tools

Slides will be provided during the lectures.

The material will
be made available to students on the online platform.
Students with disability or specific learning disabilities (DSA) are required
to make their condition known to find the best possibile accomodation to their needs.

Office hours

See the website of Maria Giulia Roversi Monaco