Learning objectives
THE AIM OF THE TEACHING PROGRAMME IS TO ILLUSTRATE TO STUDENTS THE FUNDAMENTAL PRINCIPLES AND MAIN REGULATIONS THAT GOVERN THE SO-CALLED PRIVATE PROPERTY LAW. THE COURSE IDEALLY CONSISTS OF FIVE PARTS: THE LEGAL SYSTEM, AS THE ENVIRONMENTAL CONTEXT IN WHICH ALL LEGAL RELATIONS INVOLVING PROPERTY ARISE AND TAKE PLACE; THE SUBJECTS, AS HOLDERS OF PROPERTY OR NON-PROPERTY INTERESTS THAT CAN BE SATISFIED THROUGH PROPERTY RELATIONS, AND AS HOLDERS OF CORRELATIVE RIGHTS OF ACTION; ASSETS, AS THINGS THAT CAN BE THE OBJECT OF RIGHTS; TYPES OF RELATIONS INVOLVING PROPERTY (REAL RELATIONS AND OBLIGATORY RELATION), AS SUITABLE LEGAL INSTRUMENTS FOR SATISFYING INTERESTS, INCLUDING NON-PROPERTY INTERESTS. WITHIN THE SCOPE OF THIS PART, THE FOLLOWING WILL BE BRIEFLY DISCUSSED: THE MAIN RIGHTS IN REM, THE MAIN SOURCES OF OBLIGATION, SOME IMPORTANT TYPICAL CONTRACTS; LIABILITY, AS INSTRUMENT FOR PROTECTING AND SATISFYING INTERESTS IN CASE OF BREACH OF SERVICE OBLIGATIONS OR PROTECTION OBLIGATIONS, AND DAMAGE, WITH REGARD TO TYPE (DAMAGE TO PROPERTY, DAMAGE TO PERSON, BIOLOGICAL DAMAGE) AND INDEMNIFICATION.
Prerequisites
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Course unit content
<br />In detail the programme consists of the following: <br />
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1. THE LEGAL SYSTEM <br />
1.1. Private law and public law. <br />
1.2. The sources of internal and Community law. <br />
1.3. Facts and legal effects. The legal rule, interpretation of the law, facts and legal acts, subjective legal situations, the legal relation and its events, circulation of legal situations, prescription and lapse. <br />
1.4. The publicity of legal facts. <br />
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2. SUBJECTS <br />
2.1. Natural person. Legal capacity, capacity to act, mental capacity, incapacities, the places where the person carries on his/her activities and where his/her interests are rooted, extinction of the person. <br />
2.2. Personality rights. Generality and individual types. <br />
2.3. Corporate bodies. Bodies as subjects of law. Legal status. <br />
2.4. Types of corporate bodies: associations, foundations, committees. <br />
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3. ASSETS <br />
3.1. Assets. Notion and classifications. <br />
3.2. Legal regime for the movement of assets. <br />
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4. LEGAL RELATIONS INVOLVING PROPERTY <br />
4.1. Real legal relations. Rights in rem and their characteristics. <br />
4.2. Property in Community law, in the Constitution and in the civil code. <br />
4.3. Property purchasing methods. <br />
4.4. Lesser rights in rem. <br />
4.5. Possession. Possessory and petitory actions. <br />
4.6. The obligatory relation. The obligation and its characteristics. Service obligations and protection obligations. Obligations without service obligation. <br />
4.7. Constituent events of the obligatory relation. Sources of obligation. <br />
4.8. Subjective and objective events modifying the relation itself. <br />
4.9. Events extinguishing the obligatory relation. Performance and other methods of extinguishing an obligation. <br />
4.10. Breach of an obligation. <br />
4.11. The contract in general. Contractual autonomy, the legal transaction and the contract. <br />
4.12. Structural outline of a contract. Definition and classification. The agreement and the procedures for forming an agreement, the parties, the content, the form. <br />
4.13. Pathologies of the structure. Invalidity, nullity, voidability, simulation and rescission. <br />
4.14. Functional outline of a contract. Regulation of interests, interpretation and effectiveness of a contract, condition and term. Dissolution of a contractual relationship. <br />
4.15. Consumer contracts, sub-supply. Individual contracts (donation, mandate and contract of sale). <br />
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5. PUBLIC LIABILITY <br />
5.1. Contractual liability. <br />
5.2. Non-contractual liability. Illicit facts. The various forms of aquilian liability. <br />
5.3. Liability for breaking rules within a relation having a source other than a contract or an illicit fact. <br />
5.4. Indemnifiable damage, to property and to person. <br />
5.5. Personal damage: from biological damage to existential damage. <br />
5.6. Indemnification methods.
Full programme
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Bibliography
1) B. Troisi, Diritto civile. Lezioni, Napoli, E.S.I., ultima edizione. <br />
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2) P. Perlingieri, Istituzioni di diritto civile, Napoli, E.S.I., ultima edizione. <br />
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3) M. Bessone (a cura di), Lineamenti di diritto privato, Torino, Giappichelli, ultima edizione. <br />
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4) A. Torrente e P. Schlesinger, Manuale di diritto privato, Milano, Giuffre, ultima edizione.
Teaching methods
THE AIM OF THE TEACHING PROGRAMME IS TO ILLUSTRATE TO STUDENTS THE FUNDAMENTAL PRINCIPLES AND MAIN REGULATIONS THAT GOVERN THE SO-CALLED PRIVATE PROPERTY LAW. THE COURSE IDEALLY CONSISTS OF FIVE PARTS: THE LEGAL SYSTEM, AS THE ENVIRONMENTAL CONTEXT IN WHICH ALL LEGAL RELATIONS INVOLVING PROPERTY ARISE AND TAKE PLACE; THE SUBJECTS, AS HOLDERS OF PROPERTY OR NON-PROPERTY INTERESTS THAT CAN BE SATISFIED THROUGH PROPERTY RELATIONS, AND AS HOLDERS OF CORRELATIVE RIGHTS OF ACTION; ASSETS, AS THINGS THAT CAN BE THE OBJECT OF RIGHTS; TYPES OF RELATIONS INVOLVING PROPERTY (REAL RELATIONS AND OBLIGATORY RELATION), AS SUITABLE LEGAL INSTRUMENTS FOR SATISFYING INTERESTS, INCLUDING NON-PROPERTY INTERESTS. WITHIN THE SCOPE OF THIS PART, THE FOLLOWING WILL BE BRIEFLY DISCUSSED: THE MAIN RIGHTS IN REM, THE MAIN SOURCES OF OBLIGATION, SOME IMPORTANT TYPICAL CONTRACTS; LIABILITY, AS INSTRUMENT FOR PROTECTING AND SATISFYING INTERESTS IN CASE OF BREACH OF SERVICE OBLIGATIONS OR PROTECTION OBLIGATIONS, AND DAMAGE, WITH REGARD TO TYPE (DAMAGE TO PROPERTY, DAMAGE TO PERSON, BIOLOGICAL DAMAGE) AND INDEMNIFICATION.
Assessment methods and criteria
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Other information
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