Introduction to Private Law
A.Y. 2019/2020
Learning objectives
The course aims to:
I. make the student acquire full knowledge and comprehension of the fundamental rules and institutions of private law (persons, the rights of personality, the rights of ownership, property interests, real estates, the law of obligations, the law of contracts, tort law) so as to enable him to approach the subsequent courses, meaning in particular International Trade Law, Commercial Law and Private International Law;
II. make the student acquire full knowledge of the private law methodology for problem solving;
III. make the student acquire full comprehension of the ratio of private law rules;
IV. make the student fully understand the topical problems and current events linked with private law institutions;
V. make the student acquire full knowledge of the structure of Italian Civil Code as the fundamental tool for managing any private law issue, both within the degree course and the future career dealing with private law issues.
I. make the student acquire full knowledge and comprehension of the fundamental rules and institutions of private law (persons, the rights of personality, the rights of ownership, property interests, real estates, the law of obligations, the law of contracts, tort law) so as to enable him to approach the subsequent courses, meaning in particular International Trade Law, Commercial Law and Private International Law;
II. make the student acquire full knowledge of the private law methodology for problem solving;
III. make the student acquire full comprehension of the ratio of private law rules;
IV. make the student fully understand the topical problems and current events linked with private law institutions;
V. make the student acquire full knowledge of the structure of Italian Civil Code as the fundamental tool for managing any private law issue, both within the degree course and the future career dealing with private law issues.
Expected learning outcomes
The expected learning outcomes are the following:
I. full knowledge and comprehension of the main private law institutions;
II. ability to independently apply the methodology acquired during the course to solve cases other than those approached during the classes or those included in the teaching program but anyway useful in an inter-disciplinary context;
III. ability to fully understand and critically argue the personal opinion in relation to topical problems linked with private law;
IV. ability to express the knowledge acquired with an appropriate legal language;
V. ability to solve a private law case dealing with the principles and the rules within the Italian Civil Code.
VI. ability to fully understand and interpret the rules of the Italian Civil Code (even different from those studied during the course).
I. full knowledge and comprehension of the main private law institutions;
II. ability to independently apply the methodology acquired during the course to solve cases other than those approached during the classes or those included in the teaching program but anyway useful in an inter-disciplinary context;
III. ability to fully understand and critically argue the personal opinion in relation to topical problems linked with private law;
IV. ability to express the knowledge acquired with an appropriate legal language;
V. ability to solve a private law case dealing with the principles and the rules within the Italian Civil Code.
VI. ability to fully understand and interpret the rules of the Italian Civil Code (even different from those studied during the course).
Lesson period: First trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
First trimester
Course syllabus
- The notion of Private Law. The sources; from customs to the Italian Civil Code.
- The legal relationship. Persons: natural persons and legal persons. Legal capacity and capacity to act. Legal incapacity.
- Legal entities. Associations, foundations.
- Difference between ius in re and ius in personam. Personal rights: name; image; reputation; privacy and so on.
- Rights in rem; ground. The right of ownership.
- For the acquisition of property. The actions for recovery property.
- Rights in rem other than ownership. Collateral securities: pledge, mortgage.
- Possession. The actions for recovery possession.
- The law of obligations: the sources of obligations and the main features.
- Due performance and non-performance. Obligation and liability (the relationship between art. 1218 and art. 1176 of Italian civil code).
- Damages concerning obligations.
- Circulation of rights and obligations.
- The law of contract. Nominate and innominate contracts. Essential elements. Proposal, approval, agreement. Public offer. Types of contract. General conditions of the contract.
- The form, the subject-matter, the causa.
- Pre-contract, option.
- Validity, invalidity, effectiveness. "Void" and "voidable" contracts.
- Termination of contract. Dissolution and rescission.
- Tort law
- Personal injury, non pecuniary damages.
- The legal relationship. Persons: natural persons and legal persons. Legal capacity and capacity to act. Legal incapacity.
- Legal entities. Associations, foundations.
- Difference between ius in re and ius in personam. Personal rights: name; image; reputation; privacy and so on.
- Rights in rem; ground. The right of ownership.
- For the acquisition of property. The actions for recovery property.
- Rights in rem other than ownership. Collateral securities: pledge, mortgage.
- Possession. The actions for recovery possession.
- The law of obligations: the sources of obligations and the main features.
- Due performance and non-performance. Obligation and liability (the relationship between art. 1218 and art. 1176 of Italian civil code).
- Damages concerning obligations.
- Circulation of rights and obligations.
- The law of contract. Nominate and innominate contracts. Essential elements. Proposal, approval, agreement. Public offer. Types of contract. General conditions of the contract.
- The form, the subject-matter, the causa.
- Pre-contract, option.
- Validity, invalidity, effectiveness. "Void" and "voidable" contracts.
- Termination of contract. Dissolution and rescission.
- Tort law
- Personal injury, non pecuniary damages.
Prerequisites for admission
No prerequisites for admission required. Only a good general knowledge is definitively necessary.
Teaching methods
The teaching exclusively provides for frontal lessons. All lessons will be recorded and downloadable. During the lessons, the aim will constantly be that of improve the students' practice with the Italian civil code and the ability to find out in it the rules that allow them to deal with any kind of practical legal problem applying the knowledge acquired during the course.
Teaching Resources
F. Galgano, Istituzioni di diritto privato, last edition available.
The practice of Italian civil code is definitively necessary.
The practice of Italian civil code is definitively necessary.
Assessment methods and Criteria
An optional written test is scheduled at the end of the course, during the last lesson or on an immediately following date that will be communicated during the course. The written test is made of three questions and the student must answer to each questions observing a predetermined space indicated by the teacher. The student is supposed to be able to understand the question providing a full and clear answer within the space that the teacher has predetermined for the answer. During the written test the student are allow to use the Italian civil code. In order to take the written test any enrolment is required and the student has only to be present on the day of the test together with an ID document. The written test will be assessed with a mark between 18/30 and 30/30, or it will be assessed as insufficient. The mark of the written exam will be communicated to the student on the course webpage respecting the rules of privacy.
The oral exam will be taken by all the students during the indicated exam sessions. The exam aims at verifying the knowledge acquired by the student during the course, his ability to understand legal problems and his ability to solve them in his professional life. Moreover, the exam verifies the ability of the student to make independent judgements and to communicate the acquired notions with legal language and logically. Finally, the student is asked to demonstrate his practice with the structure of the Italian civil code as an indispensable tool for the solution of any Private Law problem. If the student has previously taken the written test with a sufficient assessment, this mark is a first basis for the final mark. Of course the fact that the student has made the written test is a positive element for the purposes of the final assessment being understood that the final mark may also significantly distance itself from the mark of the written test. This means that the final assessment is not the result of the arithmetic average between the mark of the written test and the mark of the oral exam. To take the oral exam the student must be regularly enrolled to the indicated exam session. Students who are not regularly listed in the list provided by the Secretarial Office will not be allowed to take the exam. The student is supposed to personally verify that his enrollment has been regularly registered by the telematic system. The final mark will be communicated to the student immediately after the subsequent oral exam.
The oral exam will be taken by all the students during the indicated exam sessions. The exam aims at verifying the knowledge acquired by the student during the course, his ability to understand legal problems and his ability to solve them in his professional life. Moreover, the exam verifies the ability of the student to make independent judgements and to communicate the acquired notions with legal language and logically. Finally, the student is asked to demonstrate his practice with the structure of the Italian civil code as an indispensable tool for the solution of any Private Law problem. If the student has previously taken the written test with a sufficient assessment, this mark is a first basis for the final mark. Of course the fact that the student has made the written test is a positive element for the purposes of the final assessment being understood that the final mark may also significantly distance itself from the mark of the written test. This means that the final assessment is not the result of the arithmetic average between the mark of the written test and the mark of the oral exam. To take the oral exam the student must be regularly enrolled to the indicated exam session. Students who are not regularly listed in the list provided by the Secretarial Office will not be allowed to take the exam. The student is supposed to personally verify that his enrollment has been regularly registered by the telematic system. The final mark will be communicated to the student immediately after the subsequent oral exam.
Unità didattica 1
IUS/01 - PRIVATE LAW - University credits: 3
Lessons: 20 hours
Unità didattica 2
IUS/01 - PRIVATE LAW - University credits: 3
Lessons: 20 hours
Professor(s)