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 civil liability. In particular, it is expected that the student will be able:
1. To know the legal provisions contained in the Civil Code and the special laws governing the obligations, the general rules of the civil liability and torts; to recall, from the teaching of Institutions of Private Law, the basic definitions of obligation, of tort, as a source of obligations, and of the constitutive elements of the case in question; to understand the concepts of causation, imputation and tort, both as a source of obligations and in terms of compensation for damages; interpret the rules systematically, according to doctrinal and jurisprudential guidelines (knowledge and understanding skills).
2. To apply interpretations acquired in concrete cases; to 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. To know how to analyze autonomously, critically, jurisprudential pronouncements and cases of reality through the process of interpretation of the fact and its legal qualification (autonomy of judgment).
4. To publicize the conclusions of their own analysis of the jurisprudential pronouncement or the concrete case, adequately motivating them on the basis of interpretative norms and guidelines (communicative abilities).
5. To link the different topics dealt with each other, with basic and related disciplines; for attending students, be able to act, if necessary, in a context of collective case study; to know how to evaluate the various alternative solutions to different concrete situations (learning ability).
Prerequisites
For students enrolled in the first year from aa. 2013/2014, in order to support the examination of Civil Law II (Civil liability), you must have passed the examinations of: Institutions of Private Law, Institutions of Roman Law, Constitutional Law and Civil Law I.
For students enrolled in the first year from years preceding aa. 2013/2014, in order to support the examination of Civil Law II (The civil liability), you must have passed the examinations of: Institutions of Private Law, Institutions of Roman Law and Civil Law I.
Course unit content
The course focuses on the study of the general discipline of the civil lyability, conducted with a case study method.
In particular, in the first part of the course, the general profiles of civil liability, as a source of obligations, and the criteria for identifying illegal acts will be addressed; in the second part, strict liability and individual cases; in the third part, the causality and the attribution of harmful events; in the fourth part, the damage and the remedies.
The general institutes will always be considered in their jurisprudential application, and in relation to the resolution of concrete cases
Full programme
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Bibliography
The teaching load of 9 credits corresponds to about 550 pages in total.
1) As for the general discipline of the contract, the reference text is: U. CARNEVALI, Appunti di diritto privato, Raffaello Cortina Editore, Milano, last ed., of which the 5 chapters that make up the "Special part - Civil liability" will have to be studied.
2) As for case studies, the reference text is: AA. VV., Il danno, a cura di A. Natale, in Quaestiones, dir. da G. Bonilini, Pacini, Pisa, 2022.
3) Parallel consultation of the CIVIL CODE IN UPDATED EDITION and of the main special laws mentioned in the texts.
Teaching methods
The teaching activities will be conducted by alternating frontal oral lessons, also supported by supplementary video lessons, and active learning methods. During the lessons dialogue with the class will be privileged. In each lesson, the study of jurisprudential rulings and cases, and possibly procedural simulations will be carried out.
Therefore, the video-lessons, with slides and comments, and the jurisprudential rulings, published by the Professor on the Elly 2020/2021 platform, as well as the cases contained in the text, indicated above, must be considered an integral part of the teaching material.
Assessment methods and criteria
The final evaluation (vote on thirty) takes the form of an oral exam with at least three questions, with reference to the suggested material, 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 jurisprudential pronouncements and cases. The level of sufficiency will be reached when the student has demonstrated knowledge and understanding of the institutes as well as minimum application competencies regarding the autonomous, critical and reasoned exposure of the jurisprudential judgments published by the teacher on the Elly platform, and of the selected cases. Below these thresholds, the examination will be insufficient. Voting of the oral test is communicated immediately at the end of the test.
Other information
This program is compulsory for students, attending and non-attendants, enrolled in the third year starting from 2021/2022, and for students who were also enrolled in years after III, but who wanted to attend the Course, taking part in the lessons in the current year.
