11316 - Private Law

Learning outcomes

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:

- Course introduction

- 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; rights of the individual; support measures for natural persons.

- Personality rights;

- (overview) Family Law: marriage and relationship in the married couple; de facto family; family crisis; offspring.

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

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

- (overview) Inheritances upon the death of an individual

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

- Credit guarantee and protection.

- 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.

- Tort law.

Readings/Bibliography

F. GALGANO, Istituzioni di Diritto privato, Cedam, VIII edition, 2017. Any part of text may be omitted.

Or

G. VISINTINI, Nozioni giuridiche fondamentali. Diritto privato, Zanichelli, VI edition, 2017 (no cap. X).

During the frontal lessons the teacher will follow prof. Galgano's textbook .

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).

Teaching methods

Aim of the course is to provide students with the fundamentals of private law and it's structural features, making them capable of consulting the Civil Code and understanding the very basic civil legal issues. The course is a prerequisite for almost all subsequent teaching activities; it analyzes basic concepts which are the basis of many subsequent teaching activities of the degree; students mastering these concepts, can therefore face the course of their study with an improved capacity and ease of understanding.

During the frontal lessons the main topics of the course programme will be dealt with. An in-depth analysis might be related to important legal judgments, new legislations or recent events. Use of audiovisual tools, and judgments discussion, is provided for.

Students which need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs so as to be directed to the dedicated person and arrange on the adoption of the most appropriate measures. Please visit http://www.studentidisabili.unibo.it 

Assessment methods

The interview will focus on at least three of the topics indicated in the "Program and contents" section.

The evaluation of the test will be carried out taking into consideration:

- Knowledge of institutional profiles

- The ability to analyze the jurisprudential and doctrinal guidelines

- The ability to make connections between the different parts of the program

- The ability to develop critical arguments

- The articulation of the exposure

- Accuracy of exposure

The subscription to the exam lists will be done through the School's online system. No preparatory subject requirements.

For attending students only (signed in a specific list) there will be a preliminary written test based on lesson program; upon passing it, the oral exam will concern only a part of the program or a case discussion.

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.

Teaching tools

During the frontal lessons, additional material (cases, comments, essays, legislation, etc.), will be make available (attending students) for the debate and   deepening of the topics discussed; they may be useful for complement purpose, but they are not part of compulsory textbooks required for the exam.

Summaries on individual topics will be distributed.

Office hours

See the website of Annalisa Atti