Learning objectives
The course is designed to offer a comprehensive introduction to the fundamentals of Italian civil law.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 private law. In particular, it is expected that the student will be able to:
1. Know the legal rules contained in the Civil Code and in the main special laws, which concern the fundamental institutes; Remember the basic definitions; Understand the concepts; Interpret norms by systematic method (knowledge and understanding skills).
2. Apply the notions acquired to simple concrete cases, under the guidance of the Teacher (ability to apply knowledge and comprehension).
3. Know how to analyze elementary cases of reality through the process of interpretation of the fact and its legal qualification (autonomy of judgment).
4. Know to expose brief conclusions of your own concrete case analysis (communicative abilities).
5. Know how to evaluate alternative solutions to the concrete cases considered (learning ability).
Prerequisites
The course is essential for all the other courses, apart from courses of sectors IUS/19 (Storia del diritto italiano), IUS/20 (Logica, argomentazione e informatica giuridiche) and SECS/P01 (Economia politica).
No exam is a prerequisite to sit the examination of Private Law Institutions.
Course unit content
The course of Institutions of Private Law is divided into five fundamental parts: the first focuses on the concept of legal order, the sources of law, the interpretation of norms and the structure of the legal relationship. The second concerns the subjects of law and the rights of the personality. The third is dedicated to the legal status of goods. The fourth focuses on the obligatory relationship, contract in general, typical contracts and the most common atypical contracts. Finally, the last part of the course is devoted to the main concepts of enterprise and society, the protection of rights, prescription and decay, advertising and transcription.
Full programme
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Bibliography
It is necessary to choose the latest edition of a scientific manual. We recommend:
AA.VV., Manuale del diritto privato, a cura di S. Mazzamuto, Torino, Giappichelli (last edition):
-Part I (Introduction);
-Part II (The subjects, excluding § 9 of chapter V);
-Part V (Properties, real rights and factual situations);
-Part VI (The obligations);
-Part VII (The general part of the contract);
-Part VIII (The individual contracts:
Chapter XX;
Chapter XXI;
Chapter XXII, excluding §§ 4, 6.2, 6.3, 8 and 9;
Chapter XXIII, excluding §§ from 4 to 7 and from 9.5 to 9.7;
Chapter XXIV, excluding § 2;
Chapter XXV;
Chapter XXVI, excluding §§ 2 and 3;
Chapter XXVII, excluding §§ 4, 6, 6.1, 6.2;
excluding the entire Chapter XXVIII).
Therefore, the following topics must be excluded from the study programme, regardless of the Manual adopted: family relationships, succession due to death, donations, work in the company.
For a better learning, it is suggested to answer the questions contained in the latest edition of the book "G. BONILINI, Quesiti di diritto privato. Milleduecento quesiti con le risposte ragionate, Padova, CEDAM".
The preparation of the exam requires a good knowledge of the Constitution, of the Civil Code and of the main related laws, which can be found in the most common editions of the Civil Code.
Among the many available, we recommend:
AA.VV., I nuovi quattro codici, Editrice La Tribuna, Piacenza, latest edition;
or
A.DI MAJO, Codice civile, Milano, Giuffrè, latest edition.
Teaching methods
Didactic activities will be conducted by alternating oral lessons, for a duration of 77 hours, with active learning lessons, for a duration of 20 hours.
During the lessons, focusing on the deeper understanding of some institutes, the dialogue with the classroom will be privileged. In the classroom, the guided study of some jurisprudence and elementary cases will also be conducted.
Exercises will be organized for providing a closer look at some of the topics studied during the course.
The lessons will be available on the Microsoft Teams platform.
Assessment methods and criteria
The final evaluation (exam grade calculated out of thirty) 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 dealt with during the lessons, as well as the ability to apply such knowledge to elementary concrete cases that are envisaged during the exam. The sufficient threshold (18/30) is considered to be achieved when the student has demonstrated knowledge and understanding of the institutes of the course and is able to implement the correct interactions between the various parts of the program. If this is not achieved, the exam will be considered inadequate. Voting of the oral test is communicated immediately at the end of the test.
For attending students (i.e. participants of at least 70% of the total 77 hours), there is the possibility of carrying out a partial written test, the date of which will be communicated in advance by the teacher. The exam will cover the topics studied in the Course, from the beginning, up to the part relating to assets, real rights and factual situations included (see above "Reference texts"). The time allotted for the test is 45 minutes. The test, composed of 30 multiple choice questions, is evaluated out of thirty. The evaluation will be obtained by deducting the value of -1 from the score of 32 for each incorrect or non-given answer. The pass threshold corresponds to the score of 18, thus calculated (in turn to be understood as corresponding to the score of 18/30).
The use of codes, manuals or other study materials is not permitted during the test.
The results of the test are communicated within three days of its completion, by means of the publication of a specific table, bearing only the student's matriculation number, on the Elly 2023/2024 page of the course.
Those who have obtained the sufficiency in the partial test, can access the oral integration, taking, in one of the official exam sessions, the part of the program that goes from the real rights and possession, up to the conclusion of the topics studied in the Course (see above " Referral texts "). The final grade, out of thirty, results from the average of the two scores, that of the partial written test and that of the oral integration, and is communicated immediately at the end of the latter.
Other information
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