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:

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

- 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.

- Tort law.

- Credit guarantee and protection.

- (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, IX edition, 2019. Any part of text may be omitted.

Or

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

Or

P. ZATTI - A. FUSARO, Diritto privato (corso istituzionale), Cedam, VI edition, 2017, (no cap. 31 and 32)

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).

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 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 studies with improved ability and ease of understanding.

Lessons will be held starting from the topics of the exam program, to be read before the lesson and summarized in slides 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.

Lessons are frontal; the use of complementary educational tools is envisaged.

 

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

- Ability to analyze the jurisprudential and doctrinal guidelines

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

- Ability to develop critical issues

- 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 (enrolled to a specific list) shall take intermediate learning tests; in the case of positive overall outcome, an oral exam shall be taken on part of the program or on the discussion of a case. Tasks may also be assigned during the course (brief discussion of topics or cases).

Non attending students may take a preliminary written test – on a voluntary basis - based on the lessons program; upon passing such test, the oral exam will cover only a reduced program.

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

Teaching tools

During the frontal lessons, additional material (cases, comments, essays, legislation, etc.), will be made available (to attending students) for discussion and deepening of the relevant topics. Such material may be useful as a complement, yet not part of the mandatory textbooks required for the exam.

Summaries on individual topics will be distributed.

Office hours

See the website of Carlo Berti

See the website of Riccardo Fornasari

See the website of Elena Guardigli