74764 - Private Law (M-Q)

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

PRIVATE LAW COURSE - 9 CFU

For students undertaking the previous system exam (course of Private Law – 9 credits), the exam program includes all the abovementioned subjects, except for:

- sales contract

- tenancy contract

- rent contract

- procurement contract

- free on loan contract

- loan contract

PRIVATE LAW ADDITIONAL ACTIVITIES

Private Law additional activities are addressed to students who opt for the Master Degree program and have already passed the Private Law exam of the graduation course in Juridical Studies (8 CFU). These students need to integrate 1 CFU in order to obtain 9 CFU, as required in the Master Degree in Law program.

The oral examination will focus on the following program: - knowledge of the text of the legislative decree that reformed the “family pact” introduced by law n. 55 of 14 February 2006 – art. 2645 c.c. “Della introduzione della trascrivibilità di vincoli di destinazione” inserted by art. 39-novies, d.l. 30 December 2005, n. 273, converted by law n. 51, of 23 February 2006.

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, 2018.

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.

The not-attending students will have to integrate the study of the handbook with the following book:

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

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 a written examination (multiple choice test) and an oral examination on the whole program topics. The pass of the written examination is a condition for the admission to the oral exam. All the multiple choice questions which may be part of the written examination are available on the Professor’s webpage. The written exam includes thirty multiple choice questions; the student succeed if he/she correctly answers to at least twenty-four questions. During the written test the consultation of the Civil Code is allowed. The success at the written test allows the student to take the oral exam only in the subsequent session. The student will have to register for the written exam and, in case of positive result, to the oral exam. The time allowed to complete the written examination is 40 minutes.

The evaluation of the oral exam 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

Over the course, the most relevant materials examined during the lessons will be made available online

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 Giovanni Facci