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
The final exam is divided in an online quiz part and an oral part. The quiz will be available on ELLY platform and it will concern the whole program of the course. It lasts 45 minutes and it consists of 31 multiple choice questions. During the quiz is forbidden the use of any kind of code, laws or notes. Only the students who pass the quiz will be admitted to the oral exam. The vote of the quiz will be expressed in “admitted/not admitted”. The results of the quiz will be published on ELLY platform. The final vote will be communicate only at the end of the oral exam. The evaluation will concerne the knowledge of the subject, the ability to apply the knowledge, the ability to speak using a technical and appropriate language, the autonomy of judgment and the ability to learn. To each of these criteria will be assigned a score of 6 points maximum and the sum of them will give the final vote. It will be added the laude in case of an excellent exam. The examination will be evaluated by a score of 0-30 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.
