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 will mainly focus on:

- The legal system in general, its interpretation and application. Sources of law. The history of the 1942 Civil Code

- Legal facts and legal acts; individual's rights.

- Prescription and forfeiture. Protection of rights.

- Natural persons; individual rights; support measures for natural persons. Personality rights

- (Overview) Agencies and authorities. The legal person. Associations, foundations and committees.

- (Overview) Property, possession and other rights in rem. Acquiring properties. Property and possession defence

- Obligations. Structure, events, extinction. Obligations' specific sources.

- Contract law and parties's autonomy. Parties' conduct. Physiology and pathology of contracts.

- Individual contracts (sale of goods, tenders, mandates, leases, loans and mortgages): Overview.

- Credit guarantee and protection.

- Tort law.

- (overview) Family Law: marriage and relationship in the married couple; de facto family; family crisis; offspring. - Inheritances upon the death of an individual

Readings/Bibliography

F. GALGANO, Istituzioni di Diritto privato, Cedam, X edition, 2021. Full text.

or

G. VISINTINI, Nozioni giuridiche fondamentali. Diritto privato, Zanichelli, VII edition, 2021 (no cap. X)

or

P. ZATTI - A. FUSARO, Diritto privato (corso istituzionale), Cedam, VII edition, 2020, (no cap. 31 and 32)

For examination and discussion of case law

G. PERLINGIERI - G. CARAPEZZA FIGLIA (a cura di), L' «interpretazione secondo Costituzione» nella giurisprudenza. Crestomazia di decisioni giuridiche vol. 2 - Diritti reali, obbligazioni, autonomia negoziale, responsabilità civile, ESI, II edition, 2021.

Can be useful for studying

L. GAUDINO, Schemi di diritto privato, Pacini, 2019

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

The aim of the course is to provide students with the fundamentals of private law and its structural features, allowing them to consult the Civil Code and understand the very basic civil legal issues. The course analyzes basic concepts which are the basis of many subsequent teaching activities of the degree.

Lessons will be held starting from the topics of the exam program, to be read before the lesson and summarized in slides or schemes that are distributed in advance. The basic topics, already known to the student, will be studied in depth by drawing on particularly important judicial rulings, regulatory changes or current issues. Some lessons will be dedicated to analysis of case law and/or specific problems.

Lessons are frontal and online .

The course is divided into two modules; the first is played by prof. Annalisa Atti and the second by prof. Luca Bardaro.

Assessment methods

The evaluation of the knowledge will be carried out taking into consideration: Knowledge of institutional profiles; The ability to make connections between the different parts of the program; Ability to develop critical issues, understanding different  jurisprudential and doctrinal guidelines; Exposition articulation; Accuracy of exposition.

Enrollment to the exam lists shall be carried outthrough the School's online system. No introductory subjects are required.

Attending students: the detection of the frequency will be verified randomly during the lessons. During the course, three intermediate verifications will be carried out, by multiple-choice tests, and three tasks (short papers) will be assigned on cases or problems. Tests and assignments will focus on what is presented during lessons. Those who have participated in the three tests, performed the three tasks and will have been present in class, will be assigned a topic (essay, sentence) related to a topic to be discussed in the oral exam. The overall assessment will take into account the results of tests, assignments and discussion; if there are shortcomings, one or more questions will also be asked about the parts of the program that were insufficient.

Non-attending students: the oral exam will focus on the program described above. At the end of the course, a written pre-exam (optional) will be administered by a multiple-choice test; in case of a positive result, it will be possible to bring a reduced program to the oral.

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 in need of compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) shall inform the teacher of their needs, in order to be directed to the relevant and to arrange the adoption of the most appropriate measures. Please visit http://www.studentidisabili.unibo.it [http://www.studentidisabili.unibo.it/]

Teaching tools

During the frontal lessons, additional material (cases, comments, essays, legislation, etc.), will be made available on Virtuale [https://virtuale.unibo.it/] (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 [https://virtuale.unibo.it/]

Office hours

See the website of Annalisa Atti

See the website of Luca Bardaro