Family law

A.Y. 2020/2021
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
Teaching methods
The course in the emergency phase will take place on the Microsoft Teams platform, in synchronous mode, in the established times. The lessons will be recorded and made available to students on the Microsoft Teams platform and on the course website Ariel . On the same website the students will also find all information they need to access the Microsoft Teams platform and on the same website notices and communications about the course will be published on the same website. If the sanitary conditions will allow, in compliance with the current legislation, lessons will be held in the classroom (mist mode), website Ariel.
Recorded lessons will be anyway available for students for the all semester.

Study program and reference material

the study program and the reference material are unchanged

Verification of learning methods and assessment criteria

Verification of learning methods and assessment criteria are unchanged.
The oral examinations will take place on the Microsoft Teams platform.
If the sanitary condition will allow it, according to the availability of classrooms and the observations of all the safety conditions, the exams will be in presence in classrooms.
Students who won't be able to move from their place of residence or domicile will be able to attend the exam remotely .
For any update or more precise information we suggest our students to check the Ariel website regularly.
Course syllabus
i) Family Law- Guide lines .
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- Analytical program
- Function and evolution of family law
- Plurality of family models
- Interpersonal relationships between spouses
- Matrimonial regime between spouses
-Parent-child relationship
- 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 (Analytical program):
- Tesyamentary succession and legitimate succession
- Agreements as to succession and de mortis causa transactions
- The Family Agreement
- Representative, substitutive and growth laws
- Acceptance of inheritance, inventory benefit, renunciation of inheritance
- The necessary succession: fundamental principles. The claim for reduction.
- Legacies
- Right of first refusal and testamentary partition.
- Preemption and division of hereditary assets

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 lectures (in the classroom, if it's possible, or in emergency, on the Microsoft Teams platform with synchronic lectures recorded for the convenience of students).
Teaching Resources
M. SESTA, Manuale di diritto di famiglia, Padova, 2019 (8^ edition);
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, with a possible drafting of an optional essay agreed with the teacher and exposed during the rigiardante course (therefore only students attending).
Votes will be expressed in a (18 to 30) 30 points grading scale.
IUS/01 - PRIVATE LAW - University credits: 6
Lessons: 42 hours
Educational website(s)
Tue 15pm on Microsoft Teams
dipartimento di diritto privato e storia del diritto - 1 floor