00219 - Civil Law (R-Z)

Learning outcomes

The year-long course in Civil Law aims to provide students with in-depth, detailed understanding of the most important civil principles, focusing especially on obligations and agreements. Requiring adequate prior knowledge of private law, the course will equip students with the complete background necessary for the formation of specific skills in the field of civil law and further professional development. As well as consolidating the knowledge of basic notions, the course will offer a constant update on the latest, most relevant controversies in civil law through the analysis of evolutions in jurisprudence. 

Course contents

The subject of the course is the study of obligations and agreements, both in a general perspective based on the Italian Civil Code rules, and in a more specific one acknowledging the multiple sources of internal and international regulations and the various types of agreements.  

In its introductory part, the course will re-examine the main topics in private law, which will form the subject of an oral or written test. Special emphasis will be placed on the classification of legal persons and the person's fundamental rights, as well as the condition of citizens and foreigners.

In its general part, the course will examine: 

I) Obligations:

a) Their provenances;
b) Their fulfilment or  unfulfilment;
c) Causes of extinction;
d) Their modifications.

II)Agreement:

a) Private autonomy;
b) Requirements of the agreement;
c) Validity or invalidity of the agreement;
d) Effects of the agreement.

The special part of the course will elaborate on particular types of agreements, with special regard to the techniques for their conclusion:
1) Consumers agreements and commercial agreements;
2) E-agreements and e-market;
3) Public agreements.

One of the three topics will be discussed over the course of a special series of lectures throughout the academic year. 

Readings/Bibliography

Laurea Magistrale a ciclo unico (CFU:16)

1) F. Galgano, Il contratto, Cedam, Padova, II ed., 2011 ( pp.1- 630) 

2) D.Memmo, Cittadini e stranieri nel diritto privato della modernità, Torino, Giappichelli, 2012 (pp.1-198). 

3) D.Memmo, Il consenso contrattuale - Le nuove tecniche di conclusione del contratto, Padova,Cedam, 2007 (pp.1- 214). 

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Attività integrative di Diritto Civile (CFU:10)

Curriculum Francese (CFU:10)

Attività Integrative di Diritto Civile (10 CFU) is considered as one unit, and students will be assessed by a single oral examination.

Students will have the opportunity to arrange with the Professor the replacement of part of the programme with the attendance of the following seminar: e-learning  “Global classroom” seminar (II semester).

The programme concerns:

1) F. Galgano, Il contratto, Cedam, Padova, II edizione, 2011 ( pp.1-630).

2) F.Galgano, I fatti illeciti, Cedam, Padova, 2008 (pp.1-257) or D.Memmo, Cittadini e stranieri nel diritto privato della modernità, Torino, Giappichelli, 2011 (pp.1-144).

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Laurea Specialistica in Giurisprudenza (CFU 7);

Laurea Triennale (6 CFU)

Students enrolled in Laurea Specialistica in Giurisprudenza (A-Z) will follow the corresponding course of the Laurea Magistrale taught by Professor  Daniela Memmo, attending either the first or  the second semester, and they will have the opportunity to undertake the 6 or 7 CFU exam by the end of the semester .

1) F. Galgano, Il contratto, Cedam, Padova, 2008 (entire book) or 2) D.Memmo, Cittadini e stranieri nel diritto privato della modernità, Torino, Giappichelli, 2011 (entire book, pp. 1-198). 

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Attività integrative diverse (CFU: 3)

The 3 CFU programme must be arranged with the Professor. To this purpose, it is recommended to attend the “ Global Classroom” seminar (II semester).

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All students can arrange with the Professor to replace a part of the programme by attending seminars (a.a. 2014/2015: seminario "Global Classroom" , II semester).

All students are highly recommended to consult, even during classes, an up-to-date edition of Codice Civile e leggi complementari (Zanichelli; Giuffrè or others without commentary). Furthermore, it is compulsory to revise the programme's topics from the book used to prepare the Diritto Privato exam (preferrably F. Galgano, Diritto Privato, Cedam).

Teaching methods

The course will be taught by Professor Daniela Memmo. Some lectures, dedicated to the presentation of cases and the analysis of case law, will be conducted in collaboration with experts in the field.  There will be the opportunity to set up an online discussion forum. Lectures will be accompanied by slides.

Assessment methods

Diritto Civile is a year-long course; therefore, students who obtain a formal certification of attendance during the current academic year will be able to undertake the exam from May 2015 onwards.     
The course is assessed through a final oral examination.      
Regular course attendance may allow for changes in the study programme. Students who follow the entire course, throughout the first and second semester, and pass the two midterm tests will satisfy the attendance requirements. The first midterm test, taking place in October, is a written examination with short answers, based on the topics from the Introductory Part of the programme explained in previous lectures. The second midterm test, only open to students who have passed the previous examination, will take place in December; it will concern topics from the General Part of the programme, discussed in lectures during the first semester. The marks obtained in midterm tests will be integrated into the final exam evaluation, provided that the student's attendance in the second semester is certified. 

Teaching tools

The course will entail lectures and the analysis of specific cases. Specific research, to be undertaken through the use of on-line data banks, will be encouraged. The course material will be uploaded on the web-page "materiali didattici", on the University's website. Students regularly attending the course will be able to follow seminars on specific topics in order to integrate or replace certain parts of the study programme. 

Office hours

See the website of Daniela Memmo

See the website of Fabio Bravo