Learning objectives
The course is aimed at illustrating to students the basic principles and main statutes which govern the private law, with particular attention to the proprietary relations.
The course is ideally structured in six parts: the legal system, as an “environmental” context in which all legal relations arise and are conducted; legal persons as holders of interests (including non-economic interests) which can be satisfied through proprietary relations and legal persons as holders of correlative rights of action; things as subject of rights; types of proprietary relations (property and contractual obligations) as legal tools which can be used to meet interests (also of non-economic ones).
Within the context of this part the course will provide a concise overview of: the main rights in rem, the main sources of contractual obligations, a number of significant typical contracts; liability as an instrument for safeguarding and satisfying interests in the event of breach of contractual obligations or in the event of violation of protection obligations, and types of damage (property damage, non – economic damage, biological damage, personal injury) and remedies to ask for compensation, in addition to the outlines of Family Law and Succession Law.
At the end of the course the students acquire, in addition to the general knowledge, the basic tools to work, from a legal point of view, in the field of asset and non asset dealings and some bases of private law relating to family law and succession law.
Prerequisites
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Course unit content
1. THE LEGAL SYSTEM.
1.1. Private law and public law.
1.2. Sources of domestic and Community law.
1.3. Legal “facts” and “effects”. Legal rules, interpretation of statute law, jural acts and facts, subjective (individual) legal situations, jural relation and its events, circulation of legal models, statute of limitations and forfeiture of rights.
1.4. Disclosure of legal facts.
2. LEGAL PERSONS.
2.1. Natural persons. Capacity to have rights, capacity to exercise rights, “natural” capacity, legal disability/incapacity and relative protection of rights, places in which persons carry on their activities and fix their interests, dissolution of legal persons.
2.2. Rights to privacy : in general and individual cases.
2.3. Body corporates. Entities as person having rights or being able to duties. Juristic personality.
2.4. Types of body corporates: associations, foundations, committees
3. PROPERTIES
3.1. Properties. Notion and classifications.
3.2. Legal regime for circulation of property.
4. PROPRIETARY RELATIONS.
4.1 Proprietary relations. Proprietary rights and their characteristics.
4.2. Property in European Community law, in the Constitution and in the civil code.
4.3. Acquisition of property.
4.4. Minor proprietary rights.
4.5. Possession. Possessory and petitory actions.
4.6. Contractual (obligational) relationships. Contractual obligation and its characteristics. Obligations of performance and obligations of protection. Contracts without performance obligations.
4.7. Events constituting the contractual relationship. Sources of the contractual obligations.
4.8. Subjective and objective events modifying said contractual relationship.
4.9. Events terminating the contractual relationship. Fulfilment and other means of terminating a legal relation.
4.10. Breach of the contractual obligations.
4.11. The contract in general. Freedom of contract, legal transaction and the contract.
4.12. Structural profile of the contract. Definition and classifications. The agreement and procedures for forming an agreement, parties, content, form.
4.13. Flaws in the structure of the contract. Invalidity, nullity, voidability, sham transaction and rescission.
4.14. Functional profile of the contract. Regulation of interests, interpretation, enforceability of the contract, condition and time of the contract. Termination of the contractual relationship.
4.15. Consumer contracts. Vexatiuos clauses
4.16. Commercial contracts: subcontracting, delay in payments in commercial transactions.
4.17. Tipology of contracts: sale contracts, general, and special power of attorney, commission, donatio inter vivos, tenancy, lease, building contract, agency, leasing, guarantees, bonds, letters of patronage, settlement agreements
5. CIVIL LIABILITY.
5.1. Liability in contract
5.2. Liability in Tort. Torts. Various types of Aquilian liability.
5 3. Liability for violation of rules within a legal relationship having a source other than a contract or a tort.
5.4. Recoverable damage – property damage and non economic damage.
5.5. Personal injury/loss: from biological to “existential” damage.
5.6. Remedies.
6. FAMILY LAW AND SUCCESSION LAW.
6.1 Outlines of family law.
6.2. Outlines of succession law
Full programme
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Bibliography
- DI NELLA LUCA, Lessons of Private Law, Parma, latest edition. The program of study for the examination coincides with the full text.
As a support for the preparation we recommend using the latest edition of:
- De Nova (a cura di), Codice civile e leggi complementari, Bologna, Zanichelli, latest edition
- Di Majo (a cura di), Codice civile con la Costituzione, i Trattati U.E. e le principali norme complementari, Milano, Giuffrè, latest edition
- other latest edition of the Civil Code.
Teaching methods
Oral lessons, theoretical and practical, with insights and exercises, by teachers and experts also international.
Assessment methods and criteria
The final evaluation is conducted through a single written exam which consists in answering, in one hour, to five open questions printed front and back on a A4 sheet .
During the written test it is forbidden to use any type of codes, texts, notes, phones, computer media and similar.
Other information
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