Civil law

A.Y. 2020/2021
12
Max ECTS
84
Overall hours
SSD
IUS/01
Language
Italian
Learning objectives
The course is aimed to provide students with the following skills:
- Knowledge and understanding in the field of study. The student will acquire a specific knowledge of contract law that provides a basis for originality in developing and/or applying ideas, also within a research context.
- Students are requested to apply their knowledge and understanding, and problem solving abilities in contexts related to contract law;
- Students are requested to develop the ability to gather and interpret relevant data within their field of study to inform judgments and reflections on contract law.
- Students are requested to communicate information, ideas, problems and solutions regarding contract law to specialist audience;
- Students are requested to develop those learning skills that are necessary for them to continue to undertake further study with a high degree of autonomy.
Expected learning outcomes
At the end of the course, students who have successfully studied the subject will have a detailed knowledge of the topics covered by the course and will develop a method in order to tackle and communicate more specific and complex legal issues than basic elements of private law.
Course syllabus and organization

Surname A-C

Lesson period
year
E-lessons using Microsoft Teams platform maintaining the scheduled lesson times for the lessons in attendance.
Variations may occur in relation to the evolution of the health situation.
Prerequisites for admission
In order to attend the exam of Civil Law students must have already passed the exams of Private Law I and Private Law II and Constitutional Law.
Assessment methods and Criteria
Both attending and non-attending students can choose between a single oral test concerning both Contract I and Contract II (12 credits) or two different oral tests: one for Contract I (6 credits) and the other for Contract II (6 credits).
The oral test is an interview aimed at ascertaining the students' knowledge of the subjects of the course, their understanding, the acquisition of appropriate language and the ability to synthesize concepts.
There may be variations in relation to the evolution of the health situation, ensuring, in the least favorable case, oral examination through Microsoft Teams platform.
CIVIL LAW 1
Course syllabus
The Contract law class (12 credits) is divided into two courses.
The first part of the course (Contract I - 6 credits, second semester) deals with contract law and, in particular: basic concepts and general principles; pre-contractual duties and formation of the contract; interpretation; effects; invalidities and remedies.
Teaching methods
Contract I: 42 hours of lectures held by the Professor and it will take place in the second semester of the academic year.
Seminars and practical classes will be held by researchers and phd-students in order to study, through case law, specific subjects covered by the course.
The following additional course to the official course (giving the right to 3 CFUs) will be activated:
Teaching Resources
R. Sacco - G. De Nova, Il contratto, vol. X del Trattato di diritto privato, diretto da P. Rescigno, 4ª ed., Utet, Torino, 2018.
CIVIL LAW 2
Course syllabus
Civil II class deals with possession and cases law on possession and detention
Teaching methods
Contract II: 42 hours of lectures held by the Professor and it will take place in the first semester of the academic year.
Teaching Resources
R. Sacco - R. Caterina, Il possesso, in Trattato di Diritto civile e commerciale, già diretto da A. Cicu e F. Messineo, continuato da L. Mengoni, 2ª ed., Milano, Giuffrè, 2014;
or, alternatively:
B. Troisi - C. Cicero, I possessi, in Trattato di Diritto civile, diretto da P. Perlingieri, Napoli, 2005; and R. Caterina, Il possesso, in Trattato dei diritti reali diretto da A. Gambaro e U. Morello, vol. I, Milano, Giuffrè, 2008, pp. 357-485.
CIVIL LAW 1
IUS/01 - PRIVATE LAW - University credits: 6
Lessons: 42 hours
CIVIL LAW 2
IUS/01 - PRIVATE LAW - University credits: 6
Lessons: 42 hours

Surname D-L

Responsible
Lesson period
year
The lessons of the first semester of a.y. 2020-2021 (Civil Law II course) will be held on the Microsoft Teams platform. How to connect will be indicated by the teacher on Ariel.
The program and reference material will not be changed.
Examinations will be conducted orally using the Microsoft Teams platform.
Prerequisites for admission
Private Law I and II, Constitutional Law.
The failure to pass Civil Law I does not prevent you from taking Civil Law II, but considering the programs of the courses, in addition to attendance, it is suggested to take Civil Law I before Civil Law II.
Assessment methods and Criteria
Oral exam: all students, attending and non-attending, can choose to take the exam for each course separately (6 CFU) or sit for a single oral exam on the whole program of the two courses (12 CFU). The oral examination consists of an interview aimed at ascertaining the knowledge of the programme as well as the ability to synthesize and re-elaborate it, with regard to theoretical and practical issues. It is suggested, in addition to the course attendance, to take Civil Law I before Civil Law II.
Written test: the written test is composed of multiple-choice questions, concerning the basic notions regarding general contract law. The written test consists of 15 multiple-choice questions (4 possible answers for each question, of which only one is correct) which students must complete in a 30-minute maximum period of time. Only the civil code may be consulted: it is not allowed to use any other text, nor codes commented by doctrine and/or jurisprudence. The test is passed with at least 11 out of 15 correct answers. The number of correct answers does not affect the vote of the subsequent oral exam. Failure to pass the written test precludes the possibility of taking the oral examination, but not the possibility of taking again the written test scheduled for a later date. Failure to pass the oral examination does not allow access to the next oral examination (unless there is more than one month gap between the two). Passing the written test shall remain effective for the entire session in which it is taken. However, if student is rejected or withdrawn as a result of insufficient evaluation, she will be required to take the test again. Passing the test is not necessary if the student has already passed the Civil Law exam I or II.
CIVIL LAW 1
Course syllabus
The notion of contract; declaration and defects of consent; the conclusion of the agreement; standard terms; simulation; form; cause and consideration; effects of the contract; object and content of the contract; condition and term; penalty clauses and deposit; representation and power of attorney; contracts in favour of a third party; preliminary agreements; option, pre-emption clause; interpretation and integration of the contract; nullity and annulability of the contract; "sinallagmatic" remedies: termination for non-compliance, dilatory exceptions; termination due to impossibility and "eccessiva onerosità sopravvenuta"; withdrawal; assignment of the contract.
Teaching methods
Lessons. Active participation in class is encouraged. Case law and legal issues will be discussed in class.
Teaching Resources
R. SACCO - G. DE NOVA, Il contratto, vol. X del Trattato di diritto privato, diretto da P. Rescigno, 4ª ed., Utet, Torino, 2018 (or the last edition available). Further material material will be provided during the lessons or, for non-attendances, please refer to the course's Ariel webpage.
CIVIL LAW 2
Course syllabus
Main contracts, typical and atypical, functional to the exercise of business activities, as: contracts for production and use of goods and services (procurement contract; "contratto d'opera"; factoring agreement; "subfornitura"; leasing contract; rental agreement); contracts functional to the circulation of goods and services ("contratto estimatorio"; supply of goods; transportation of goods; commercial agency; commission and shipping agreement; mediation;
franchising contract; distributorship agreement; network contract; deposit; ordinary current account); guarantee agreements (personal guarantee; performance guarantee; first demand guarantee; sale for purpose of guarantee; credit warrant).
From the academic year 2020/2021 the course programme is integrated with an appendix dedicated to the contractual discipline of the market and robotics decision.
Teaching methods
Lessons. Active participation in class is encouraged. Case law and legal issues will be discussed in class.
Teaching Resources
G. GITTI, M. MAUGERI, M. NOTARI (a cura di), I contratti per l'impresa. I. Produzione, circolazione, gestione, garanzia, Il Mulino, Bologna, 2012.
Moreover: G. GITTI, Disciplina contrattuale del mercato e decisione robotica, Editrice Morcelliana, Brescia, 2020.
Further indications of materials will be provided during the lessons or, for those who are not attending, please refer to the Ariel page of the teacher.
CIVIL LAW 1
IUS/01 - PRIVATE LAW - University credits: 6
Lessons: 42 hours
CIVIL LAW 2
IUS/01 - PRIVATE LAW - University credits: 6
Lessons: 42 hours

Surname M-Q

Responsible
Lesson period
year
During the emergency remote teaching, the program is maintained with the following changes necessary for a good online use of the course originally designed for in-class lectures.

Teaching methods
The lessons will be held mainly (or, if classroom lectures are not allowed, exclusively) by asynchronous videoconferencing. Links to audio/videos of the lessons will be uploaded on the teacher's Ariel website before the starting of the term.
Further information on teaching and further materials will be uploaded to Ariel by the teacher, so students are encouraged to check the site frequently.

Reference Materials
In addition to the books indicated in the bibliography of the course, students are requested to consult the lessons uploaded in asynchronous mode and other materials that the professor will upload on Ariel during the semester .

Methods of learning verification and evaluation criteria:

Unless otherwise allowed, the exam will be only oral and will be held on Teams, according to the University's instructions. Further information can be found on the teacher's Ariel website.
Prerequisites for admission
Private Law I and II, Constitutional Law.
The failure to pass Civil Law I does not prevent you from taking Civil Law II, but considering the programs of the courses, in addition to attendance, it is suggested to take Civil Law I before Civil Law II.
Assessment methods and Criteria
Oral exam: all students, attending and non-attending, can choose to take the exam for each course separately (6 CFU) or sit for a single oral exam on the whole program of the two courses (12 CFU). The oral examination consists of an interview aimed at ascertaining the knowledge of the programme as well as the ability to synthesize and re-elaborate it, with regard to theoretical and practical issues. It should also be noted that students attending Sports Law module who will have passed the related exam, will not be interviewed on Sale and Purchase Agreement topics.

Written test: the written test is composed of multiple-choice questions, concerning the basic notions regarding general contract law. The written test consists of 15 multiple-choice questions (4 possible answers for each question, of which only one is correct) which students must complete in a 30-minute maximum period of time. Only the civil code may be consulted: it is not allowed to use any other text, nor codes commented by doctrine and/or jurisprudence. The test is passed with at least 11 out of 15 correct answers. The number of correct answers does not affect the vote of the subsequent oral exam. Failure to pass the written test precludes the possibility of taking the oral examination, but not the possibility of taking again the written test scheduled for a later date. Failure to pass the oral examination does not allow access to the next oral examination (unless there is more than one month gap between the two, as to allow to fill the knowledge gaps). Passing the written test shall remain effective for the entire session in which it is taken. However, if student is rejected or withdrawn as a result of insufficient evaluation, she will be required to take the test again. Passing the test is not necessary if the student has already passed the Civil Law exam I or II.
CIVIL LAW 1
Course syllabus
The notion of contract; Declaration and defects of consent; The conclusion of the agreement; Standard terms; consumer contracts; Sham Transactions; Form; Cause and consideration; Effects of the contract; Object (Subject matter) and content of the contract; Condition and term; Penalty clauses; Agency and power of attorney; Contracts for the benefit of third parties; Preliminary agreements; Option, pre-emption clause; Interpretation and construction of the contract; Nullity and annulment of the contract
Teaching methods
Lessons. Active participation in class is encouraged. Case law and legal issues will be discussed in class.
Teaching Resources
R. SACCO - G. DE NOVA, Il contratto, vol. X del Trattato di diritto privato, diretto da P. Rescigno, 4ª ed., Utet, Torino, 2018 (ovvero l'ultima edizione disponibile) excludicng sections XVII, XVIII, XIX (pagg. 626-694). Handouts and other material will be provided during classes for attending students.
CIVIL LAW 2
Course syllabus
Remedies: termination of the contract and withdrawal; Transfer of the contract; Share purchase agreement; Cause and consideration of the contract; Transfer of rights and private autonomy; exclusion of liability clauses and object of the contract; claims made third party liability insurance; Sole remedy clauses; Contractual risk and private autonomy; Cause of derivative contracts; E-contracts - E-signatures; Blockchain, and digital distributed ledgers; Electronic commerce.
Teaching methods
Lessons. Active participation in class is encouraged. Case law and legal issues will be discussed in class.
Teaching Resources
G. DE NOVA, Sale and Purchase Agreement: un contratto commentato, Giappichelli, Torino, 2011; F. DELFINI, Autonomia privata e contratto. Tra sinallagma genetico e sinallagma funzionale, III ed., Giappichelli, Torino, 2019; F. DELFINI Forma digitale, contratto e commercio elettronico, UTET, Torino, 2020
CIVIL LAW 1
IUS/01 - PRIVATE LAW - University credits: 6
Lessons: 42 hours
CIVIL LAW 2
IUS/01 - PRIVATE LAW - University credits: 6
Lessons: 42 hours

Surname R-Z

Responsible
Lesson period
year
TEACHING METHODOLOGY
Because of Covid-19 the lessons will be held on Microsoft Teams and followed both synchronously and asynchronously because they will be recorded.

PROGRAMME AND MATERIAL
Both the programme and the material will not be changed by the Covid-19 emergency.

EXAM
Because of Covid-19 the evaluation will be done through an oral examination by Microsoft Teams.

WARNING
The information in this section may be subject to change as the rules for the Covid-19 pandemic evolve.
Prerequisites for admission
Good knowledge of the basics of private law, in particular in reference to contract and debtor/creditor relationship.
Assessment methods and Criteria
The exam will consist of a preliminary written test and a subsequent oral examination.
The preliminary written test is intended to check the students' knowledge of basic elements; the oral examination - which, if successful, will last on average approximately 25 minutes for each part of the programme - is intended to check, through an interview, not only the students' knowledge and comprehension of the elements and use of proper terminology, but also their ability to critically address and resolve legal issues by reworking their learning and - if they have participated in case-study lectures - their comprehension and ability to consider the cases which were addressed.
Students may elect to take the oral examination either at the end of each of the two courses comprising the programme and only for the subject of each of them (in this case, only one final grade will be given), or as one final examination covering the subjects of both courses.
Grades will be expressed in thirtieths, possibly cum laude.
In any case, only students who have passed the written test on the basic elements of contracts in general (reccomended textbook: P. Trimarchi, Istituzioni di diritto privato, Giuffrè, ultima edizione disponibile, paragrafi da 108 a 274) may take the oral examination (or the first of them if the examination is split into two parts).
The written test will consist of 15 multiple choice questions (4 possible answers to each question, only one of which is correct), which shall be completed within a maximum of 30 minutes.
Only the Italian civil code may be consulted; no other books, including annotated codes with scholarly theories and/or case law, will be allowed.
At least 11 out of 15 questions will need to have been answered correctly in order to be able to take the oral examination. The number of correct answers will not affect the grade, which will be given at the end of each oral examination.
If the written test is failed, this will preclude the possibility of taking the oral examination for that exam session, but not the possibility of taking the written test for a subsequent exam session in the same exam period. If the oral examination is failed, no oral examination may be taken in the directly following exam session (unless exam sessions are spaced by more than one month). A passed written test will be considered valid for the whole current exam period.
CIVIL LAW 1
Course syllabus
The Civil Law programme (12 credits in total) is divided into two parts: a course on contract in general, which will be taught to fourth year students in the second term, and a course on liability for breach of contract, which will be taught to fifth year students in the first term.

Civil law I (6 credits the fourth year): "Contract in general"
The course will cover the following topics: autonomy to contract and requirements of a contract; agreement and conclusion of a contract; negotiation and pre-contractual liability, preliminary agreements and pre-contractual arrangements; general contract terms and conditions, restrictive covenants and consumer contracts; cause and grounds of contract; form of contract; content and effects of a contract; counterstatements and trust agreements; accidental elements of a contract; construction; invalidity; withdrawal; assignment of contracts, contracts with power of appointment, third-party beneficiary contracts.

Erasmus students: there are no specific syllabi for students participating in the Erasmus programme. Requests for equivalence - which will exclusively be granted for the module of Civil Law II - will be screened upon request by the student concerned in light of the syllabus offered by the foreign University of destination. For this purpose, please contact the Department of Private Law and History of Law for appropriate information about the professor in charge of screening requests.

Non-attending students: there are no specific syllabi for non-attending students.
Teaching methods
The course is organized both through lectures and through discussions of cases in which students are directly involved.
Teaching Resources
R. Sacco - G. De Nova, Obbligazioni e contratti, in Trattato di Diritto Privato edited by P. Rescigno, vol. 10, UTET, Turin, 2018, except the following chapters: chapters I and II of Section IV, chapter III of Section VI, chapter II of Section XI, and the whole of Section XVII. Prior knowledge of the basic elements set out in: P. Trimarchi, Istituzioni di diritto privato, Giuffrè, latest available edition, paragraphs 108 to 274, is a must.
The materials used for case studies will be made available from time to time.
CIVIL LAW 2
Course syllabus
"Liability for breach of contract"
The course will cover the following topics: imputability of a breach of contract and risk spreading; impossibility, imputability, diligence; impossibility resulting in release from an obligation and content of the obligation; resolution of the contract for default, supervening impossibility, excessive onerousness; vicarious liability; cesser clauses; debtor's default; damages from delay, chartalist theory, impairment loss, discounted-value debts, financial obligations; indemnifiable damage; causation in liability for breach of contract; creditor's contributory negligence and duty to avoid damages; foreseeable damages; damage quantification; compensation and restitutions; penalty clause and earnest money; non-pecuniary loss from breach of contract.

Erasmus students: there are no specific syllabi for students participating in the Erasmus programme. Requests for equivalence - which will exclusively be granted for the module of Civil Law II - will be screened upon request by the student concerned in light of the syllabus offered by the foreign University of destination. For this purpose, please contact the Department of Private Law and History of Law for appropriate information about the professor in charge of screening requests.

Non-attending students: there are no specific syllabi for non-attending students.
Teaching methods
The course is organized both through lectures and through discussions of cases in which students are directly involved.
Teaching Resources
G. Villa, Danno e risarcimento contrattuale, Giuffrè, 2014, except pages 122 to 134 and 220 to 226; P. Trimarchi, Il contratto: inadempimento e rimedi, Giuffrè, 2010, pp. 49-196; 221-241; R. Sacco - G. De Nova, Obbligazioni e contratti in Trattato di diritto privato edited by P. Rescigno, vol. 10, UTET, Turin, 2018, limited to chapter II of section XI and the whole of section XVII. In any case, prior knowledge of the basic elements set out in: P. Trimarchi, Istituzioni di diritto privato, Giuffrè, latest available edition, paragraphs 238 to 274 and 303 to 305, is a must.
The materials used for case studies will be made available from time to time.
CIVIL LAW 1
IUS/01 - PRIVATE LAW - University credits: 6
Lessons: 42 hours
CIVIL LAW 2
IUS/01 - PRIVATE LAW - University credits: 6
Lessons: 42 hours
Professor(s)
Reception:
Al termine delle lezioni opp. il martedì ore 12.15 in Dipartimento (su appuntamento via mail)
Dipartimento di Diritto Privato e Storia del Diritto - 1° piano
Reception:
Friday 12,30 pm
Dipartimento di Diritto Privato e Storia del Diritto - 1° piano