Learning objectives
At the end of the training activity, the student should have acquired knowledge and skills related to the main issues and the most important issues of succession and donation. In particular, it is expected that the student will be able to:
1. Know the legal provisions contained in the Civil Code; To recall, from the teaching of Private Law Institutions, the basic definitions of the main jus-privatistic institutes; Understand concepts of succession and donation; Interpret the rules systematically, according to doctrinal and jurisprudential guidelines (knowledge and understanding skills).
2. Apply interpretations acquired in concrete cases; Be able to perform practical case studies through the techniques of legal argumentation, under the guidance of the Teacher (ability to apply knowledge and comprehension).
3. Know how to analyze, by a critical method, cases of reality, through the process of interpretation of the fact and its legal qualification (autonomy of judgment).
4. Know how to expose the conclusions of your own analysis of the concrete case, adequately motivating them based on interpretative norms and guidelines (communicative abilities).
5. Being able to link the different topics dealt with each other, with basic and related disciplines; To know how to evaluate alternative solutions to different concrete situations (learning ability).
Prerequisites
Students enrolled in the first year from the academic year 2013/2014, in order to sit the Civil law examination 1, must have passed the Principles of Private Law, the Principles of Roman Law and Constitutional Law examinations.
Students enrolled in the first year from previous academic year,in order to sit the Civil law examination 1, must have passed the Principles of Private Law and the Principles of Roman Law examinations.
Students must have passed the Civil Law examination 1 to sit the Civil Law examination 2 (The contract) or Civil Law examination 2 (Civil liability).
Course unit content
The course aims at the problematic dilemma of some Jus-privatistic institutes. The course will cover successions and donations: in the first part, the institutions of general character, the necessary succession, the legitimate succession, the family pact; In the second part, the will, with particular regard to the legate; on the last part, the donations.
Full programme
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Bibliography
The recommended reference text is:G. BONILINI, Manuale di diritto ereditario e delle donazioni, Wolters Kluwer, Milano, 2020, X ed. (about 500 pages).
In addition, G. BONILINI, Dei legati. Artt. 649-673, in Comm. cod. civ., fondato da P. Schlesinger e dir. da F. D. Busnelli, Milano, Giuffrè, 2020, III ed.: 1-231; 329-362; 399-410 (about 270 pages).
The student will also be able to use the following text in order to verify the study: G. BONILINI, Quesiti di diritto delle successioni e donazioni. Trecentosessanta quesiti con le risposte ragionate, Cedam, Padova, 2006.
It is helpful to read the proposed cases in: Casi e quesiti di diritto ereditario, a cura di G. BONILINI, Cedam, Padova, 2003.
The preparation of the profit examination involves a good knowledge of the Constitution, the Civil Code and the relevant related laws: AA.VV., I nuovi quattro codici, Editrice La Tribuna, Piacenza, latest edition, or A. Di Majo, Codice civile, Giuffrè, Milano, latest edition
Teaching methods
The teaching activities will be conducted through oral lectures, in live streaming, according to the indications of the University in health emergencies, for a duration of 48 hours. During the lessons, which focus, from time to time, on the deepening of some institutes, dialogue with the class will be privileged. Hand in hand with each lesson, the correlative practical exercises guided by the teacher (case studies, examination of jurisprudential rulings) will be carried out, again in live streaming, for a total duration of 20 hours.
What is streamed will be recorded and published on the Elly platform from time to time.
Assessment methods and criteria
The final evaluation takes the form of an oral exam with at least three questions, with reference to the suggested texts and the parts indicated. The final examination aims at assessing whether the student has knowledge and understanding of the institutes and has acquired interpretative competence in concrete cases. The level of sufficiency (18/30) will be achieved when the student has shown the knowledge and understanding of the institutes as well as minimum application competencies for the autonomous, critical and reasoned resolution of concrete cases presented by the teacher during the examination. Below these thresholds, the examination will be insufficient. Voting of the oral test is communicated immediately at the end of the test.
During the first semester, in the persistence of the health emergency and depending on its evolution, the oral exam may take place or in mixed mode (i.e. in the presence, but with the possibility of sustaining it even on line for students who request it), or only online for everyone. Of the chosen modality, between the two indicated, information will be promptly given on the esse3 system in advance of the exam.
Other information
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