00532 - Institutes in Private Law

Learning outcomes

The course aims to provide students with the fundamental notions of Italian civil law, with special regard to obligations, contracts, securities and torts; but also to the law of intangible goods, natural and legal persons, including business associations and cooperatives. Upon completion of the course, students will be able to: understand the peculiarities of inter-private legal relations, in particular those of a contractual nature; apply the store of knowledge thus acquired to a wide array of social and economic events, with a view to independently spot the most suitable remedy for the case.

Course contents

Detailed information on the actual chapters and paragraphs to be studied for the exams shall be provided in class. See "NOTICES" section on the teacher's webpage: www.unibo.it/faculty/f.quarta (in English).

PART ONE
-- The concept of (objective) law and the sources of national and EU Law. Private/Public law - Rights and Rightful Interests - The "system" of the Civil Code within the framework of the constitutional system.
-- Litigation and protection of vested interests - Precautionary measures: registration of real estate transfers (land registry) – The civil process: judicial and arbitral procedures. Peculiarities of the civil trial: burden of proof, evidence (especially documents), injunctions, judgment on the merits. Statute of limitation.
-- Natural persons - name, domicile, personal status; the right to privacy; personal data protection (D.Lgs. n. 196/2003) - Legal persons: profit, non profit - family law – civil unions - marriage - separation and divorce - the rules relating to the assets and the liabilities of the family - family enterprise.
-- Wills and trusts - heirs' rights - inheritance and legacy - acceptance - estate executor and administrator - gifts - partition - "Patti di famiglia" (L. n. 55/2006).
-- Law and property - categories of goods - combination of goods - in rem rights - real and personal property - real estate property: content and restrictions - other in rem rights: life estate - co-ownership and condominiums - time-sharing property - Circulation of goods and property transfer; original and derivative acquisition, relevance of the purchaser's good or bad faith – the notion of possess (comparative analysis) - remedies: actions in defense of property and possess.

PART TWO:
-- Obligations – (Subjective and objective) requisites of obligations - subjective and objective modifications: obligation as a good (securutization, factoring) – Different types of obligations. - Remedies against conveyance in fraud of creditors: Actio pauliana and conservatory seizure - real and personal guarantees, in particular mortgage and performance bonds - promises, gratuitous promises and securities – Performance and liability.
-- Contracts - consent formation - agency and powers of attorney - contract content – the notion of “causa”, consideration, conditions and warranties - unfair contract terms, consumer protection and "distance contract" (on the Internet) - contract invalidities - remedies for non-performance. – interplay between the competition laws and contract law.
-- Types of contracts (explicitly provided for by the Civil Code) - sale, in particular sale of immovable properties - agreement and conveyance in sale of land - brokerage - sale of goods – leases (for housing and for business purposes) - labor contracts, construction contracts, sub-contract - agency - insurance – settlements - other contracts in the Civil Code and in the main statutes (such as franchising - factoring - leasing). Main banking contracts.
-- Torts and civil liability - The concept of "danno ingiusto" (unjust damage). The criminal/private divide. Non-economic damages and protection of dignitary interests through the civil process. Punitive damages in comparative perspective.

Readings/Bibliography

OPTION "A" :

Only:

P. PERLINGIERI, Istituzioni di diritto civile, E.S.I., lastest edition  (**)

OPTION "B":

Both:

1) P. PERLINGIERI e P. FEMIA, Nozioni introduttive e principi fondamentali del diritto civile, Napoli, Edizioni Scientifiche Italiane, latest edition (only selected chapters) (**).

and

2) F. GALGANO, Istituzioni di diritto privato, CEDAM, latest ed.  (**).

* Students are required to make use of an updated copy of the Italian civil code.

** Refer ALWAYS to the "notices" section on the Instructor's webpage for information on the actual pages to be read for the best preparation of the exam.

Teaching methods

Traditional lectures, assisted by powerPoint presentations. Guided debates and seminars on controversial cases.

Assessment methods

The written test consists of 15 questions (multiple choice), followed by an oral test, which will determine the final score.
Students are given a mid-term exam, on the topics tackled in class up to that point, and pre-announced on the instructor's website.
Students who do not pass the mid-term test (or those who pass the mid-term test, but are not successful in the second partial test) are not eligible to sit again for another partial test in the same year. Hence, they are expected to take a final exam based on the entire course program.

Teaching tools

Book. PowerPoint presentations. Court and Arbitral decisions. Handouts produced by the instructor. Search engines on legal and economic matters.

Office hours

See the website of Francesco Quarta