Private Law
A.Y. 2025/2026
Learning objectives
The subject of Private Law course is the institutional treatment of the main legal institutions as governed by the Italian Civil Code and the most important special laws complementary to it.
The aim of the course is to provide students with the tools to understand the basic and main institutions of private law and, above all, to allow students to know how to deal with a private law problem at an institutional level by being able to understand its importance in practice and to provide an appropriate response at an institutional level.
The structure of the Italian Civil Code will be part of the course, as it is essential to know where it governs each institute.
Attendance of the course is highly recommended.
The aim of the course is to provide students with the tools to understand the basic and main institutions of private law and, above all, to allow students to know how to deal with a private law problem at an institutional level by being able to understand its importance in practice and to provide an appropriate response at an institutional level.
The structure of the Italian Civil Code will be part of the course, as it is essential to know where it governs each institute.
Attendance of the course is highly recommended.
Expected learning outcomes
At the end of the course, the student must be able to interpret the main institutions of Private law in socio-economic practice, and be able to face and assess the legal problem that comes to light in a given case relating to relations between individuals, companies and public bodies, even at a transnational level, and must also be able to provide logical and consistent answers to the problem by identifying the legal institution applicable to the case in question.
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
Any information regarding this will be published on Ariel
Course syllabus
The sources of law; the concept of private law; the legal relationship; the subject; capacity; incapacity; distinction between absolute rights and relative rights; the absolute rights of the person; real rights; ownership; the ways of acquiring property; actions to defend property; real rights: usufruct and predial easements; possession and usucaption.
The obligatory relationship; the sources of the obligatory relationship; the essential characteristics of the obligation; the content of the obligatory relationship; the extinction of the obligatory relationship; the liability for non-fulfilment; the default of the creditor and the default of the debtor; the ways of extinguishing the obligation other than
the fulfillment; assignment of credit; delegation, expromission and assumption.
The contract; the essential elements of the contract; the conclusion of the contract, real contracts; the effects of the contract; the consensual principle; the interpretation of the contract; the representation; the accidental elements of the contract; the preliminary contract and the option; the penalty and the deposit; nullity and annulment; simulation; resolution and rescission; consumer contracts; individual contracts: sale and rental.
Illicit acts: definition; in particular the injustice of damage; the tortious protection of credit and legitimate interests; biological damage and non-pecuniary damage; the hypotheses of objective and indirect liability.
The sources of obligation other than the contract and the illicit act.
Publicity and transcription.
Patrimonial liability.
Prescription and forfeiture.
The obligatory relationship; the sources of the obligatory relationship; the essential characteristics of the obligation; the content of the obligatory relationship; the extinction of the obligatory relationship; the liability for non-fulfilment; the default of the creditor and the default of the debtor; the ways of extinguishing the obligation other than
the fulfillment; assignment of credit; delegation, expromission and assumption.
The contract; the essential elements of the contract; the conclusion of the contract, real contracts; the effects of the contract; the consensual principle; the interpretation of the contract; the representation; the accidental elements of the contract; the preliminary contract and the option; the penalty and the deposit; nullity and annulment; simulation; resolution and rescission; consumer contracts; individual contracts: sale and rental.
Illicit acts: definition; in particular the injustice of damage; the tortious protection of credit and legitimate interests; biological damage and non-pecuniary damage; the hypotheses of objective and indirect liability.
The sources of obligation other than the contract and the illicit act.
Publicity and transcription.
Patrimonial liability.
Prescription and forfeiture.
Prerequisites for admission
A correct knowledge of the Italian language and good presentation skills are required.
Teaching methods
Frontal lessons. The course will be accompanied by a seminar on typical sales and rental contracts.
Teaching Resources
Enrico Gabrielli (ed.), Lineamenti di diritto privato, Giappichelli, Ult. Ed., relative to the chapters covered in the program
It is also essential to study the civil code, using any edition on the market as long as it is updated.
It is also essential to study the civil code, using any edition on the market as long as it is updated.
Assessment methods and Criteria
The learning assessment method will be assessed during the oral exam and the evaluation criteria will be based on the candidate's knowledge of the exam program and presentation skills.
Professor(s)