74773 - Private Law

Course Unit Page

SDGs

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.

Quality education Decent work and economic growth Reduced inequalities Peace, justice and strong institutions

Academic Year 2021/2022

Learning outcomes

Acquisition of knowledge of the structure and the fundamental legal concepts of the civil code through the study of property, successions, obligations, contracts and torts.

Course contents

▪ Private law
▪ Private law sources
▪ Private law scope of application
▪ The subjects of private law
▪ Natural person and legal person
▪ Associations, foundations and committees
▪ Personal rights
▪ Goods and property
▪ Possession
▪ Property acquisition
▪ Rights in rem
▪ Co-ownership
▪ The obligations
▪ Performance and non-performance
▪ Contract law
▪ Contract validity and invalidity
▪ Contract enforceability
▪ Representation
▪ Contract effects
▪ Resolution and recession
▪ Contracting parties behaviors
▪ Torts
▪ Other acts or facts sources of the obligations
▪ Debtor liability and credit guarantees
▪ Credit and contract sales
▪ Sales contracts
▪ Tenancy contract
▪ Rent contract
▪ Procurement contract
▪ Mandate contract
▪ Loan for free contract
▪ Loan contract
▪ Family
▪ Marriage
▪ Spouses relations

▪ Patrimonial relationships in the family

▪ Property relations between spouses

▪ Filiation

▪ Inheritance law

▪ Donation

▪ Registration

▪ Evidence law

▪ Forfeiture and limitation of actions

The program for the students who have to take the 3 CFU examination (from January 2020) will be based on the handbook Rita Rolli, Il diritto private nella società 4.0, Padova, Cedam-Wolters Kluwer, 2018, chapter IV, V, VI.

The exam will entails only the oral examination.

Readings/Bibliography

Francesco Galgano, Diritto Privato, Cedam, Padova, 2019, only the chapters concerning the subjects included in the program.

or, alternatively

Salvatore Patti (a cura di), Diritto private, Cedam, Padova, 2019, only the chapters concerning the subjects included in the program.

or, alternatively

Andrea Torrente, Piero Schlesinger, Manuale di diritto privato, Giuffrè, Milano, last edition, only the chapters concerning the subjects included in the program.

For the preparation of the oral exam the reading of the following text is highly recommended, also for the reference to the most recent case law:

Rita Rolli, Il diritto private nella società 4.0, Padova, Cedam-Wolters Kluwer, II ed., 2021.

The consultation of the following handbook is suggested:

Salvatore Patti (a cura di), L’esame di diritto privato. Definizioni e questioni, Giappichelli, 2019.

The consultation of an updated version of the civil code is necessary.

Teaching methods

The lessons of the first semester will be delivered as described at the following Internet address:

https://dsg.unibo.it/en/teaching/projects-and-teaching-methodologies/teaching-modes-at-dsg-on-i-semester-a-y-2020-2021

Traditional classes. Discussion of case law. The participation to the classes is functional to the learning of the method of studying private law and to get a deeper insight, also through the critical assessment of the most important cases, of the most relevant and pressing private law topics, which are subject of the oral examination.

Assessment methods

The exam consists of an oral examination on the whole program topics.

The evaluation will take into account the knowledge of the institutional profiles, the ability to make connections between the various parts of the program and to develop critical arguments, as well as the clarity of exposition.

Final dissertation

The opportunity to draft the final dissertation in private law and the topic are agreed with the Professor. The final draft of the dissertation has to be delivered to the professor at least twenty days before the date provided for the deposit at the University secretary.

Teaching tools

Readings and teaching materials will be delivered to the students during the course.

Students with disabilities, including learning disabilities, who need compensatory tools may communicate their needs to the Professor in order to be addressed to a referee, with whom they can agree the adoption of the most suitable tools.

Office hours

See the website of Rita Rolli

See the website of Nicolò Cevolani