Introduction to Contracts
A.Y. 2026/2027
Learning objectives
The course provides an overview and analysis of Italian private law concerning legal persons, businesses and companies, property law, contract law
Expected learning outcomes
The expected learning outcomes are the following:
I. full knowledge and comprehension of the main private law institutions, with particular reference to contract law;
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, with particular reference to contract law;
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 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
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.
- Distinction between absolute rights and relative rights. Absolute rights of the person (overview).
- Property rights. The principle of typicality and its basis. The right of property.
- Ways of acquiring property. Actions to protect property (overview).
- Rights in rem other than ownership. Collateral securities: pledge, mortgage.
- Possession. The actions for recovery possession (overview).
- The law of obligations: the sources of obligations. The essential characteristics of obligations: their pecuniary nature. The content of the obligation: good faith in performance. The place and time of performance. The standard of diligence in performance. Distinction between obligations of means and obligations of result.
- Modes of extinguishing obligations other than performance. Liability for non-performance: its requirements (in particular, the relationship between Articles 1218 and 1176 of the Italian Civil Code).
- Damages concerning obligations.
- Debtor's default (mora debendi) and creditor's default (mora credendi).
- Circulation of rights and obligations: assignment of rights. Delegation, espromissione, and accollo.
- Contract law. The principle of contractual freedom and atypical contracts. Essential elements of a contract. Agreement. Offer and acceptance. Public offer. Real contracts. Standard terms and conditions.
- The form, the subject-matter, the causa.
- Contracts with real effect and the principle of consensual transfer. Preliminary contracts and option contracts.
- Validity, invalidity, effectiveness. "Void" and "voidable" contracts.
- Termination for breach (risoluzione) and rescission (rescissione).
- Sales contract.
- Tort law (overview)
- The legal relationship. Persons: natural persons and legal persons. Legal capacity and capacity to act. Legal incapacity.
- Legal entities. Associations, foundations.
- Distinction between absolute rights and relative rights. Absolute rights of the person (overview).
- Property rights. The principle of typicality and its basis. The right of property.
- Ways of acquiring property. Actions to protect property (overview).
- Rights in rem other than ownership. Collateral securities: pledge, mortgage.
- Possession. The actions for recovery possession (overview).
- The law of obligations: the sources of obligations. The essential characteristics of obligations: their pecuniary nature. The content of the obligation: good faith in performance. The place and time of performance. The standard of diligence in performance. Distinction between obligations of means and obligations of result.
- Modes of extinguishing obligations other than performance. Liability for non-performance: its requirements (in particular, the relationship between Articles 1218 and 1176 of the Italian Civil Code).
- Damages concerning obligations.
- Debtor's default (mora debendi) and creditor's default (mora credendi).
- Circulation of rights and obligations: assignment of rights. Delegation, espromissione, and accollo.
- Contract law. The principle of contractual freedom and atypical contracts. Essential elements of a contract. Agreement. Offer and acceptance. Public offer. Real contracts. Standard terms and conditions.
- The form, the subject-matter, the causa.
- Contracts with real effect and the principle of consensual transfer. Preliminary contracts and option contracts.
- Validity, invalidity, effectiveness. "Void" and "voidable" contracts.
- Termination for breach (risoluzione) and rescission (rescissione).
- Sales contract.
- Tort law (overview)
Prerequisites for admission
No prerequisites for admission required. A good general knowledge is definitively necessary.
Teaching methods
Teaching is provided exclusively in the form of frontal lessons. All lessons will be recorded and available to download. The aim during the lessons will constantly be to improve students' understanding of the Italian civil code and their ability to find the rules that allow them to solve any kind of practical legal problem by applying their knowledge.
Teaching Resources
E. Gabrielli (a cura di), Lineamenti di diritto privato, Giappichelli Editore, studying only the sections concerning the above mentioned matters.
The ability to use the Italian Civil Code is absolutely necessary. Any commercially available edition may be used, provided it is up to date.
The ability to use the Italian Civil Code is absolutely necessary. Any commercially available edition may be used, provided it is up to date.
Assessment methods and Criteria
The exams will be held orally during one of the scheduled exam sessions. The exam aims to verify the knowledge acquired by the student during the course, their ability to understand legal problems, and their critical thinking skills. The exam will also assess the student's ability to apply their knowledge to solve new problems, adopting an interdisciplinary approach where necessary. Furthermore, the exam assesses the student's ability to make independent judgements and communicate acquired knowledge logically using legal terminology. Finally, students are asked to demonstrate their familiarity with the structure of the Italian Civil Code, which is an indispensable tool for solving any private law problem.
In order to take the oral exam, students must be enrolled in the specified exam session. Students who are not on the list provided by the administrative office will not be permitted to take the exam. Students are responsible for personally verifying that the telematic system has correctly registered their enrolment.
The exam mark will be communicated to the student immediately afterwards.
In order to take the oral exam, students must be enrolled in the specified exam session. Students who are not on the list provided by the administrative office will not be permitted to take the exam. Students are responsible for personally verifying that the telematic system has correctly registered their enrolment.
The exam mark will be communicated to the student immediately afterwards.
Professor(s)