74764 - Private Law (D-L)

Learning outcomes

The acquisition of basic knowledge of the structure and institutions regulated by the Civil Code through the study of the discipline of property, inheritance, obligations, contracts and torts.

Course contents

Private law is designed to regulate and discipline the relationships, and, therefore, the interests of both individuals and companies. The discipline, therefore, in its complexity and extension, is concerned to act on all aspects that affect the private sphere of individuals, even and especially in the dynamics of social interaction. Considering the extent of the subject, it is understandable how civil law acts as a basis of the different and additional legal disciplines that aim to specify some of its aspects. In this sense, therefore, the private law arises as a moment, educational and training, in order to deepen the different subjects and disciplines that move from the same assumptions and the same sources.

The objective of the course, therefore, is to provide the materials and tools to understand the main institutions of civil law, giving the student a comprehensive view of the entire private system. In this sense, the following contents will be the subject of this course:

The sources of law. The subjects of law. Personality rights. Family. Succession and donations. Goods, property, and possession. Obligations in general. The sources of obligations and, more specifically the contract, the tort and other suitable acts or facts. Transcription. Evidence. Patrimonial responsibility. Jurisdictional protection of rights. Prescription and forfeiture.

ITALIAN-FRENCH COURSE

The examination program for students in the Italian-French course includes all the above topics, except for the following:

▪ sales contract

▪ lease contract

▪ Rental contract

▪ Loan Agreement

And the others one:

▪ Contratto di appalto

▪ Contratto di mandato

▪ Contratto di comodato

Readings/Bibliography

F. Galgano, Diritto Privato, Padova, latest edition.

Teaching methods

Classes will be taught in a face-to-face mode.

However, considering the ongoing health emergency related to the spread of Covid-19, please consult the following site:

https://dsg.unibo.it/it/didattica/progetti-e-metodologie-didattiche/modalita-didattiche-presso-il-dsg-nell-a-a-2020-2021

Assessment methods

The examination of private law will take place through an oral interview. During the corresponding semester and, in any case, before the summer appeal, dates will be set for a written test. This is an optional step for the exam, useful for the student to verify the level of his/her skills. The test will include 15 multiple-choice questions.

The interview is aimed at verifying the knowledge of Private Law, with particular attention to the study of individual legal institutions examined (see the course program) and, therefore, the ability of the student to know how to navigate within the subject.

- knowledge of a limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language 18-19/30;

- knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;

- comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;

- extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.

It is understood that the practical modalities of the exam will be promptly communicated, in consideration of the evolution of the difficult health situation and, therefore, in consideration of governmental dispositions.

The registration for the final exam must be made through the Almaesami application

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In conclusion, some suggestions for the preparation of the Private Law exam:

- Repeat, several times, the topics together with Colleagues, better if open to dialogue and confrontation;

- During the study and final review, make repeated and reasoned use of the Civil Code;

- analyze each institution, not as an end in itself, but as part of a complex system rich in reciprocal ties and conditions that must be understood;

- always question the legal remedies that each institution provides for its better protection;

- in case of doubt, do not hesitate to ask your teacher for clarification, even during classes and office hours;

Teaching tools

It is recommended a reading and consultation of an updated Civil Code, combined with the study of the textbook.

Moreover, during the course, useful materials will be provided for the deepening of the subject, such as, by way of example, specialized articles, judgment and jurisprudential references.

During the course, some passages of the textbook and, however, some topics, will be explained by collaborators, during thematic seminars.

Office hours

See the website of Carlo Berti