Private Law
A.Y. 2023/2024
Learning objectives
The course provides an overview and analysis of Italian private law concerning legal persons, businesses and companies, property
law, contract law
law, contract law
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.
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.
Lesson period: Second trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second 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. 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
E. Gabrielli (a cura di), Lineamenti di diritto privato, Giappichelli Editore, studying only the parts concerning the above mentioned matters.
The practice of Italian civil code is definitively necessary.
The practice of Italian civil code is definitively necessary.
Assessment methods and Criteria
The exams will take place orally during one of 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 critical ability. The exam also aims at verifying the student's capacity to apply the knowledge acquired during the course in order to solve new problems also with an interdisciplinary approach. 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.
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 SIFA 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 mark for the exam will be communicate to the student immediately after it.
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 SIFA 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 mark for the exam will be communicate to the student immediately after it.
Educational website(s)
Professor(s)