Learning objectives
At the end of the course, the student should have acquired knowledge and skills related to the main topics and the most important issues of inheritance and donation law. In particular, the student is expected to: 1. Know the juridical norms contained in the second book of the Civil Code; remember, from the teaching of Institutions of Private Law, the basic definitions of the main private law institutes; understand the concepts of inheritance and donation; interpret the rules systematically, according to doctrinal and jurisprudential guidelines (knowledge and understanding). 2. Apply the interpretations acquired to concrete cases; carry out, through the techniques of legal argumentation, the resolution of practical cases, under the guidance of the instructor (ability to apply knowledge and understanding). 3. Be able to independently analyze, with a critical method, case studies, through the procedure of interpretation of the fact and its juridical qualification (autonomy of judgment). 4. Know how to present the conclusions of one's own analysis of the concrete case, providing adequate motivations based on the legal rules and interpretative guidelines (communication skills). 5. Have an overall view of the topics covered in the course, and the capability of connecting them with other related disciplines. Know how to evaluate alternative solutions to the various concrete cases (ability to learn).
Prerequisites
For students enrolled in the first year starting from the academic year 2013/2014, in order to take the exam in Civil Law I, it is necessary to have passed the exams of Institutions of private law, of Institutions of Roman law and of Constitutional law. For students enrolled in the first year prior to the academic year 2013/2014, in order to take the exam in Civil law I, it is necessary to have passed the exams of Institutions of private law and Institutions of Roman law. The Civil law I exam is preparatory to the Civil law II exam.
Course unit content
The course aims at the case study of some private law institutes. In the current academic year, teaching will focus on inheritance successions and donations. The first part will deal with general institutions, necessary succession, legitimate succession, family pact. The second part will deal with testamentary succession, with particular regard to the provisions of a particular title. The last part will deal with donations.
Full programme
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Bibliography
The recommended book is G. BONILINI, Manuale di diritto ereditario e delle donazioni, Wolters Kluwer, Milano, 2022, XI ed.
It is also recommended 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. (from page 1 to 231; from page 329 to 362; from page 399 to 410).
Teaching methods
The teaching activities will be conducted alternating frontal lessons, for a total of 48 hours, with active learning modalities, for the duration of 12 hours. The lessons will be focused on institutes on inheritance or donation matters. During the lessons, dialogue with the class will be a key learning element. Complementary practical exercises guided by the instructor will also be carried out (case studies, examination of jurisprudential rulings).
Assessment methods and criteria
The final exam consists in an oral test that includes at least three questions, with reference to the recommended texts. The sufficiency threshold will be reached when the student has demonstrated knowledge and understanding of the institutes, as well as minimum application skills in order to autonomously, critically and reasonably solve concrete cases presented by the examiner during the examination. The grade of the oral exam is communicated immediately at the end of the exam.
Other information
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