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 interpretations 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).
Course unit content
The course is aimed at identifying the fundamental lines of the private legal system, and learning the core notions of its institutes.
The first part of the course deals with: sources of law; interpretation of normative texts; Subjective rights; The effectiveness of norms in transnational relations; persons; Personality rights; The entities. The second part of the course is general family law; Successions in general.
The third part of the course is focused on property, rights and ownership. The fourth part of the course deals with: the mandatory relationship; The contract in general; The trade; Civil liability. The last part concerns the protection of rights (capital liability and causes of pre-emption, means of preservation of the asset guarantee).
Bibliography
On the Elly 2019/2020 platform, videotaped study materials (slides and comments) were made available, which could be directly studied in the matter.
Alternatively, you can study an updated university manual. We recommend:
Lineamenti di diritto privato, a cura di M. Bessone, Giappichelli, Torino, latest edition (about 560 pages):
Introduction; Part One (Subjects); Part Two (Family Law); Part Three (Successions, excluded: Division - Chapter XX and Donations - Chapter XXI); Part Four (Property, Real Rights and Possession); Part Five (Obligation, excluding Personal Guarantees - Chapter XXXV); Part Six (General Contracts, excluded: Consumer Contracts - Chapter XLI, Sections II, and Simulation - Chapter XLVIII); Part Seven (Only Trade: Chapter LIII, Sections I); Part One (Civil Liability); Part Two (Protection of Rights,only: Capital Liability and Causes - Chapter LXXIV, and LXXV Capital Asset Protection).
For the purposes of a personal verification of the preparation before the exam, it is suggested to carry out the questions, related only to the parts in the program, proposed in:
G. BONILINI, Quesiti di diritto privato. Milleduecentoquesiti con le risposte ragionate, CEDAM, Padova, latest edition.
For the preparation it is essential to combine the study with the consultation of the Constitution, the Civil Code and the main special laws, which are found in the appendix to the most widespread updated editions of the Civil Code. In particular, it is necessary to read the material published on the "Elly" platform: l. 219/2017; D. Lgs. 117/2017; l. 76/2016.
Teaching methods
Didactic activities will be conducted through oral lessons, for 54 hours.
During the lessons, focusing on the deeper understanding of some institutes, the dialogue dialogue with the classroom will be privileged. In the classroom, the guided study of some jurisprudence and elementary cases will also be conducted.
It is recommended that all students also take a look at the Elly platform of any uploaded footage by the Teacher for further
legislative acts, judgments or explanations of certain parts of the program.
Assessment methods and criteria
The final evaluation (vote on thirty) takes the form of an oral exam with at least three questions,
