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. The 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.

- (overview) 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)

Can be useful for studying

L. GAUDINO, Schemi di diritto privato, Pacini, 2nd edition, 2022

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.

Classes are held in-person, according to University guidelines; to be checked for changes.

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

 

Assessment methods

The evaluation of the knowledge will be carried out taking into consideration: Knowledge of institutional framework; the ability to make connections between the different parts of the program; ability to develop critical issues, understanding different jurisprudential and doctrinal guidelines; the property of presentation; accuracy of exposition.

For students attending the lectures, a partial test will be administered at the end of the first lecture module, on the topics covered in the lecture; if successful (grade above 21), at the oral, the questions will mainly cover the topics of the second module. The final exam will be oral, and will cover the course syllabus as indicated above.

Non-attending students (and the attendind students who do not pass the pre-exam): the oral exam will focus on the program described above.

All students at the oral will be required to illustrate one of the cases/issues discussed in class.

Registration for the examination lists will be done through the Faculty computer system. There is no propaedeutic exam required.

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/] for discussion and deepening of the relevant topics.

Summaries on individual topics will be distributed on Virtuale [https://virtuale.unibo.it/].

It is advisable to register for the course on Virtuale, in order to access the teaching materials.

 

Office hours

See the website of Annalisa Atti

See the website of Riccardo Fornasari