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 assessment takes place by means of an examination consisting of an online part and an oral part, both to be taken in person. The online part consists of answering a multiple-choice quiz that will be made available on ELLY and that covers the entire programme. During the online test, the use of any kind of codes, regulatory texts, notes and the like is prohibited. Only those who pass the online test (assessed by a score from 0 to 30 with one point for each correct answer) by achieving at least a score of eighteen are admitted to the oral test; the result is communicated to the student directly by the system, at the end of the period of accessibility of the quiz (it may possibly be announced by means of a notice on ELLY). The score for the online part serves only for admission to the oral part: it does not therefore count towards the mark. The oral part must be taken on the date set for this purpose, which will be published on ELLY; at the end of the oral part, the result of the test will be announced with the mark. The test is assessed by ascertaining knowledge, the ability to apply knowledge, the ability to communicate in appropriate technical language, autonomy of judgement and the ability to learn. Each of the five criteria is awarded up to a maximum of 6 points, the sum of which gives the final grade, to which honours may be added in the event of more than excellent performance. The oral test is graded on a 0-30 scale.
At the end of the course, an online partial test may be held in presence, consisting of answering a multiple-choice quiz that will be made available on ELLY and that covers the first part of the programme (up to and including property, real rights and possession); the test is marked on a scale of 0 to 30 with one point for each correct answer and is passed if at least eighteen is achieved. The mark for the partial test only serves the purpose of admission to the oral test: it does not therefore count towards the mark. This test may be reserved for students who have taken an active part in any activities organised during the course. Successful completion of the test will be announced on ELLY; the oral exam will be held on the remaining part of the programme (from obligations and contracts to family and inheritance) and may be taken by the last call of the current academic year on the dates communicated by the lecturer via ELLY.
The regulations for the part-test and the possible activity will also be published on ELLY, which contains all the details as well as information on the online test.
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.
