Family law

A.Y. 2019/2020
Overall hours
Learning objectives
The present course is designed to enable the students to reach an adequate knowledge of Family and Succession Law, with a particular emphasis on the abovementioned topics, which will be viewed in the light of current evolutionary stages.
Expected learning outcomes
The course will enable students to delve properly into subjects possibly connected to their future professional interests, subjects which, being characterized by a remarkable complexity and a constant evolution they will necessarily be described concisely as far as the private law institutions field is concerned.
Course syllabus and organization

Single session

Lesson period
Second semester
Course syllabus
i) Family Law .
This course will offer an advanced study in Family Law, specifically focusing on the reformes occurred in the last few years and analysing in depth Novella's Laws interpretation (Law May 20th 2016, n. 76) and its consolidation practise. The course will tackle issues as marriage institution, civil unions and cohabitation; filiation and adoption. A careful analysis will be devoted to Family Matrimonial Regime, separation and divorce. Pre-Nuptial Agreements, De Facto Family and Natural Obligations' fulfillment will also be considered. A brief analysis will be devoted to the legally incapacitated need for protection within the family, (legal guardianship, upon art. 2645 ter c.c. agreements).
ii)Succession Law
This course will cover an analysis of the fundamental principles of legitimate and testamentary succession; it will pinpoint the fundamental rules on inheritance partition and family agreement ( "patto di famiglia" artt. 768 bis ss. cc. ). It will examine the most recent Court of Cassation's Combined Civil Sections decisions, placing a particular emphasis on direct and indirect donations . A brief analysis will be dedicated to (Trust) Fiduciary Agreements in view of succession.

Family Law:
- Interpersonal relationships between spouses
- Matrimonial regime between spouses
- Marital crisis and the effects of separation and divorce on spouses and children
- Civil (De facto) Unions
- Cohabitation and De Facto family
- Adoption and child custody
Successory Law:
- Main principles and brief analysis of the differences between civil law and common law based systems. *
- Principles of International Private Law.
- Agreements as to succession and de mortis causa transactions
- The Family Agreement
- Representative, substitutive and growth laws
- The necessary succession: fundamental principles. The claim for reduction.
- Legacies
- Right of first refusal and testamentary partition.
- la prelazione e la divisione dei beni ereditari
- Direct and indirect donations. Future property donations, donation with reservation of the right of disposal.*

Seminar Classes 3 credits attribution (which will be added to the existing 6 credits course)
A comprehensive study will focus on the following institutes: Civil Marriage, Holy Marriage with Civil Recognition, Marriage between Non-Catholics. Cohabitation Agreements. Domestic violence. Damages within the Family. Feigned separation. Surrogate Motherhood. Community Property Matrimonial Regime and the "de residuo property community".
Testamentary content; legitimate heirs safeguard; trust (or trust deed) for succession planning.
Students who are willing to participate will be involved in a judicial separation setup, divided into different groups and supported by tutors. A judge from the Court of Milano will intervene.
The submission of a short supplementary thesis on a topic of personal interest would also be at student's discretion.
Prerequisites for admission
Teaching methods
Frontal teaching and case history examination lab during lessons
Teaching Resources
M. SESTA, Manuale di diritto di famiglia, Padova, 2016;
C.M. BIANCA, Le Successioni , in Diritto Civile, II-2, Milano 2015 (related esclusively to the topics indicated above)
Assessment methods and Criteria
The examination will consist in an oral presentation. Votes will be expressed in a (18 to 30) 30 points grading scale.
IUS/01 - PRIVATE LAW - University credits: 6
Lessons: 42 hours
Tue 15pm on Microsoft Teams
dipartimento di diritto privato e storia del diritto - 1 floor