PRINCIPLES OF ITALIAN AND EUROPEAN PRIVATE LAW
Course unit partition: Cognomi E-N

Academic year 2021/22
1° year of course - Second semester
Professor
Emanuela MAIO
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 forworking on the market or in private law regulating financial and non financial 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 intrading 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

Basic knowledge of private law.

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 and its events, circulation of legal situations, statute of limitation and cancellation.
1.4. Disclosure of legal facts.

2. SUBJECTS
2.1. Natural persons. Legal capacity, capacity to act, “natural” capacity, type of 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. GOODS
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 contract.
4.8. Subjective and objective events modifying said contractual relationship.
4.9. Events terminating the contractual relationship. Fulfillment and other means of terminating the contract.
4.10. Non-fulfillment of the contract.
4.11. The contract in general. Freedom of contract, legal transaction and the contract.
4.12. Structural profile of the contract. Definition and classifications. The agreement 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 contractual relationship.
4.15. Consumer contracts. Unfair terms.
4.16. Commercial contracts: subcontracting, late payment in commercial transactions.
4.17. Individual contracts: sale and purchase contracts, mandate (power of attorney), commission, donation, lease, rental, tender, agency, leasing, guarantees, independent financial guarantee contract, letters of patronage, contracts aimed to compose and prevent disputes.

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, latest edition. The book comprises the complete syllabus for the examination.
As a support for the preparation we recommend using the latest edition of:
- 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 principali norme complementari, Milano, Giuffrè, latest edition
- latest edition of the Civil Code with the most important UE law, Constitution and other civil legislation.

Teaching methods

Theoretical and practical classroom lectures lessons with information and exercises 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

The final exam consists of a written and an oral part.
The written paper lasts one hour and consists of five open questions printed 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 names will be shown on the webpage of the professor, together with the date of the 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 andcapacity to learn.
The oral exam will be assessed on the same criteria.
Each criterion carries a maximum of six marks, which will be added togheter 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. Video recordings of lectures or other equivalent audio-visual material, prepared by the professor, will be made available on the course Elly page.