Learning objectives
The course is designed to offer a comprehensive introduction to the fundamentals of Italian civil law. After a brief discussion of the main legal principles and the relevant sources of law, the course deals with several issues related to property interests, contract law, tort law. Family law related topics as well as the law of wills are not part of the course, and will be dealt with in the exam Civil Law I.
Course unit content
• General introduction: the notions of legal rule and legal system - the sources of law within the Italian legal system. <br />
• Natural persons and legal entities – rights and remedies – the enforcement of rights and other protected interests in court – the procedural perspective – limitation of action. <br />
• Topics in the law of property: ownership and possession – basic elements. <br />
• Topics in the law of obligations: sources – performance – default – liability – remedies – one-sided actions. <br />
• Topics in the law of contracts: enforceability of promises – the notion of agreement – nominate and innominate contracts – requisites of the contract – contract formation: offer and acceptance – pre-contractual duty to inform – contract interpretation (construction) – default rules and mandatory rules – invalidity and nullity. <br />
• Topics in the law of torts: the general provision of article 2043 c.c. – strict liability vs. negligence – wrongfulness – causation – compensation – damages. <br />
• Topics in the law of corporations. <br />
• Time limitation and estoppel. <br />
• Registration of legal acts.). <br />
Bibliography
M. Bessone (ed.), Istituzioni di diritto privato, 13th ed., Torino, the most recent editino, Chapters I-XIV and XXX-XCIV, excluding Section II of Charter LXXIX. <br />
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Students are advised to verify their understanding of Private law by answering the questions related to the topics dealt with in class contained in: Bonilini, Quesiti di diritto privato. Millleduecento quesiti con le risposte ragionate, 7th ed., Padova, the most recent edition <br />
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Studying for the exams requires a comprehensive knowledge of the Constitution, of the Civil Code and the most relevant Statutes related thereto, which can be found in the most popular editions of the Civil Code. <br />
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The following editions are – on an alternative basis – suggested: <br />
Iudica, Codice civile – Costituzione, leggi collegate – Trattati UE e Ce, EGEA, Milano, the most recent edition; <br />
AA.VV, I nuovi quattro codici, Editrice La Tribuna, Piacenza, the most recent edition; <br />
Di Majo, Codice civile, Giuffré, Milan, the most recent edition <br />
Teaching methods
The course will be based on oral lectures. Seminars intended to examine the most recent jurisprudential developments will be organized <br />
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Student understanding of topics related to Private law will be ascertained through an oral exam. The oral exam may be preceded by a written test, according to modes which will be specified in the bulletin board of the Private Law Section of the Law Department. <br />
