PRINCIPLES OF ITALIAN AND EUROPEAN PRIVATE LAW
Course unit partition: Cognomi A-D

Academic year 2021/22
1° year of course - Second semester
Professor
Antonio GIOVATI
Academic discipline
Diritto privato (IUS/01)
Field
Ambito aggregato per crediti di sede
Type of training activity
Base
42 hours
of face-to-face activities
6 credits
hub: PARMA
course unit
in ITALIAN

Learning objectives


a. Knowledge and understanding: The course has six parts: the legal
system as "environment" of legal relations; subjects as holders of
interests, including non-pecuniary relations and faculty of action; goods
as objects of subjective legal situations; types of financial relationships
(real relationships, obligations and contracts) as legal instruments for
capital and other interests, outline of family law and inheritance.
b. Applying knowledge and understanding: Students learn legal basics for
working on the market or in private law regulating financial and nonfinancial
relationships
c. Making judgements: Students learn to make independent evaluations
of private law issues, particularly problems relating to contracts in firms
and entities operating on the market, and how to provide with solutions
d. Communication skills: Students learn how to communicate inside the
firm with other firms and end user firms and consumers, especially in
trading and purchase contracts, management of non-profit organisations
and civil responsibility
e. Learning skills: Students acquire an independent capacity to make
legal evaluations in the light of, and with the aim of, applying legislation

Prerequisites

- - -

Course unit content


The course provides students with the main foundations and laws
regulating italien and european private law, eith particular reference to law of the market

Full programme


1. THE LEGAL SYSTEM.
1.1. Private law and public law.
1.2. Sources of domestic and Community law.
1.3. Legal “facts” and “effects”. Legal rules, interpretation of the law,
legal “facts”
and acts, subjective (individual) legal situations, the legal relationship
a n d i t s
events, circulation of legal situations, statute of limitation and
c a n c e l l a t i o n .
1.4. Disclosure of legal facts.
2 . S U B J E C T S .
2.1. Natural persons. Legal capacity, capacity to act, “natural” capacity,
t y p e s o f
incapacity and guardianships, places in which persons carry on their
activities and
lay down their interests, cancellation of natural person status.
2.2. Personality rights. Overview and individual types.
2.3. Body corporates. Bodies as subjects of law. Legal status.
2.4. Types of body corporates: associations, foundations, committees.
3 . G O O D S
3.1. Goods. Notion and classifications.
3.2. Legal framework for circulation of goods.
4. LEGAL RELATIONS RELATING TO PROPERTY.
4.1 Legal relations relating to real property. Rights in ??**rem and their
characteristics.
4.2. Property in Community law, the Constitution and the civil code.
4.3. Means of property purchase.
4.4. Minor rights in rem.
4.5. Ownership. Possessory and petitory actions. 4.6. Contractual
(obligational)
relationships. The contract and its characteristics. Obligations of
performance and
obligations of protection. Contracts without performance obligations.
4.7. Events constituting the contractual relationship. Sources of the
c o n t r a c t .
4.8. Subjective and objective events modifying said contractual
r e l a t i o n s h i p .
4.9. Events terminating the contractual relationship. Fulfillment and other
m e a n s o f
terminating the contract.
4.10. Non-fulfillment of the contract.
4.11. The contract in general. Freedom of contract, legal transaction and
t h e
c o n t r a c t .
4.12. Structural profile of the contract. Definition and classifications. The
a g r e e m e n t
and procedures for forming an agreement, parties, content, form.
4.13. Flaws in the structure of the contract. Invalidity, nullity,
annullability, simulation
and cancellation.
4.14. Functional profile of the contract. Regulation of interests,
interpretation,
effectiveness of the contract, condition and terms. Resolution of the
c o n t r a c t u a l
r e l a t i o n s h i p .
4.15. Consumer contracts. 4.16. Commercial contracts.
4.17. Individual contracts.
5. CIVIL LIABILITY.
5.1. Contractual liability.
5.2. Extra-contractual liability. Torts. Various forms of Aquilian liability.
5 3. Liability for violation of rules within a legal relationship having a
source other
than contract or tort.
5.4. Awardable damages – relating to property and otherwise.
5.5. Personal injury/loss: from physical to “existential” damage.
5.6. Compensation techniques.
6. FAMILY LAW AND SUCCESSION LAW.
6.1. Features of family law.
6.2. Features of succession law.

Bibliography

DI NELLA LUCA, Lessons of Italian and European Private Law, Parma, Libreria Medico Scientifica latest edition. The book
comprises the complete syllabus for the examination.
As a support for the preparation we recommend using the latest edition
o f :
- De Nova (ed.), Codice civile e leggi complementari, Bologna, Zanichelli,
latest edition
- Di Majo (ed.), Codice civile con la Costituzione, i Trattati U.E. e le
p r i n c i p a l i
norme complementari, Milano, Giuffrè, latest edition
- latest edition of the Civil Code with the most important UE law, the
Constitution and other civil legislation.

Teaching methods


Theoretical and practical classroom lectures lessons with information and
exercises (presentazione di casi) by university teachers and specialists including overseas
experts
Acquiring knowledge – class lectures
Learning to apply skills – exercises and practice
Acquiring independent evaluation skills – case studies
Acquiring learning skills – description of topic and critical examination of
legislation applied
Acquiring technical language – legal terminology is explained during the
course

Assessment methods and criteria

he final exam consists of a written and an oral part.
The written paper lasts one hour and consists of five open questions
p r i n t e d
on two sides of an A4 sheet.
The use of any type of text, books, notes phones, media etc. is not
permitted. Only students who pass the written paper can take the oral exam. Their
n a m e s
will be shown on the webpage of the professor, together with the date of
t h e
oral, which it is not possible to change.
No mark will be shown for the written part of the exam, but the final mark
will take it into account.
Written answers will be assessed overall on five criteria: knowledge, the
ability to apply knowledge, the capacity to communicate with appropriate
technical language and terminology, independence of judgment and
capacity to
l e a r n .
The oral exam will be assessed on the same criteria.
Each criterion carries a maximum of six marks, which will be added
t o g e t h e r
for a the final mark. Distinction will be awarded for outstanding results.

Other information


Additional seminars on topics covered in the course may be held
according to the availability of external specialists.
See the professor’s webpage for supplementary material, including
material for the preparation of the exam.