00532 - Institutes in Private Law

Learning outcomes

The course aims to provide students with the fundamentals notions of Italian civil and commercial law, with special regard to obligations, contracts, securities and torts; but also with regard to the law of intangible goods, of natural and legal persons, including business associations and cooperatives. Upon completion of the course, the students will be able to: understand the peculiarities of inter-private legal relations, in particular those of 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

GENERAL PROGRAM **

INTRODUCTION. 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. 

PART ONE

-- 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 - the "patto di famiglia" (family covenants, L. n. 55/2006).

-- Law and property - categories of goods - combination of goods - in rem rights - real and personal property - real estate property: content, limits, restrictions - other in rem rights: life estate - co-ownership and condominiums - time-sharing property - Legal circulation of goods and property transfer; original and derivative acquisition, relevance of the purchaser's good or bad faith – the notion of possession (comparative analysis) - remedies: actions in defense of property and possession.

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.

-- Agreement and contract - 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. 

** More detailed information on the actual chapters and paragraphs to be studied for the tests will be provided in class. See "NOTICES" section on the teacher's webpage: www.unibo.it/faculty/f.quarta (english version).

Readings/Bibliography

a) PERLINGIERI, Istituzioni di diritto civile, ESI, latest ed., or IUDICA & ZATTI, Linguaggio e regole del diritto privato, CEDAM, latest ed.

b) An up-to-date edition of the Italian civil code (GIUFFRE', CEDAM, ESI, ZANICHELLI, etc.) 

Teaching methods

Lectures. Case law briefing and analysis.

Assessment methods

The 6 cfu final exam is usually both written and oral, whereas the 4 cfu exam is only oral.

The written test consists of 15 questions (multiple choice) and the student must give at least 9 correct answers to be admitted to the oral exam, which will determine the final score.

After each half of the series of lectures, students can sit for a preliminary test, on the topics tackled in class up to that point.  

Students who do not pass the mid-term test - or, those who pass the mid-term test, but are not successful in the second (final) partial test - are not eligible to sit another time for the mid-term test. Hence, they are expected to take a final exam based on the entire course program.

Teaching tools

Text-book and materials handed out during the course.

Links to further information

http://www.unibo.it/SitoWebDocente/default.htm?NRMODE=Published&UPN=f.quarta%40unibo.it&content=5130&TabControl1=TabLink

Office hours

See the website of Francesco Quarta