11316 - Private Law

Learning outcomes

At the end of the course the student is expected to: - identify characteristics of civil law system -  value the role of civil  law in providing economists with an accessible and written collection of the laws which apply to them - learn enterpreneurs' statute of rights - learn all about the company legal system - aknowledge the role and functions of law in business and society.

Course contents

1. PRELIMINARY NOTES

The private law: what is a juridical norm;  the characteristics of laws;  the sources of the right and the interpretation of the law; conflict of laws.

2. THE CIVIL LAW LEGAL SYSTEM

The relationships between individuals; people physics; the juridical people; public and private corporate body; capacity; statute of limitations; the validity of the will; representation; the law of contracts.

3. THE JUDICIAL PROTECTION OF RIGHTS

Right to sue; legal proceedings;  the resolution of disputes outside the courts; the law of evidence; the legal principles that govern the proof of fact in a legal proceedings; types of evidence; demontrative evidence; witnesses.

4. ABSOLUTE RIGHTS

Human rights; property; possession.

5. LAW OF OBLIGATIONS

Sources of obligations; elements of obligations; the fulfillment of the obligation; the passive subject; the active subject; the object of the obligation; the penalty for unfulfillment.

6. CONTRACT LAW

Origin and scope; elements; offer and acceptance; intention to be legally bound; contractual terms; breach of contract; remedies.

7. TORT LAW

Categories of torts; negligence; liability torts.

8. BUSINESS AND ENTERPRISES LAW

Meaning and definition of enterprise; companies law; types of business entity.

 

Readings/Bibliography

Students may choose one of the following texts, to purchase in the last available edition:

TORRENTE - SCHLESINGER, Manuale di diritto privato, Milano, Giuffrè

GALGANO, Diritto privato, Padova, Cedam;

RESCIGNO, Manuale di diritto privato, Kluwer Ipsoa;

ROPPO, Istituzioni di diritto privato, Monduzzi, Bologna;

ALPA, Istituzioni di diritto privato, Utet, Torino

Teaching methods

The course programme will be entirely composed of lectures. Course attendance is not compulsory, but it is very much  encouraged. The fundamental nature of the course rely upon student partecipation as an essential method for learning. Course are given into Italian language. Training exercises will be held in the last weeks of the course.

Assessment methods

The final examination will be oral. In preparing for final exams it is definitely helpful to study the civil code.

Teaching tools

Attending students will be supplied with tecnical schedules, duplicated lecture notes and selected Courts case law.

Office hours

See the website of Brunella Brunelli