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
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
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 .
Tipo testo Testo
4.15. Consumer contracts. Unfair terms.
4.16. Commercial contracts: subcontracting, late payment in commercial
t r a n s a c t i o n s .
4.17. Individual contracts: sale and purchase contracts, mandate (power
o f
attorney), commission, donation, lease, rental, tender, agency, leasing,
g u a r a n t e e s ,
independent financial guarantee contract, letters of patronage, contracts
a i m e d t o
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.
7. E-COMMERCE
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, the
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 assessment takes place through an exam consisting of an online part and an oral part, both to be carried out in presence. The online part consists of answering a multiple-choice quiz that will be made available on ELLY and which covers the entire program. During the online test, the use of any type of codes, regulatory texts, notes and the like is prohibited. Only those who pass the online test (evaluated with a score from 0 to 30 with one point for each correct answer) achieving at least a score of eighteen are admitted to the oral exam; the result is communicated to the student directly by the system, at the end of the quiz accessibility period (it can possibly be communicated via communication on ELLY). The score of the online part is used only for the purposes of admission to the oral exam: therefore, it does not contribute to the determination of the mark. The oral part must be taken on the specially fixed date which will be published on ELLY; at the end of the same the outcome of the test will be communicated with the formulation of the vote. The test is evaluated by ascertaining knowledge, the ability to apply knowledge, the ability to communicate with appropriate technical language, independent judgment and the ability to learn. Up to a maximum of 6 points are assigned to each of the five criteria, the sum of which gives the final grade, to which honors can be added in case of more than excellent performance. The oral exam is evaluated on a 0-30 scale.
At the end of the course, a partial online test can take place in presence, consisting in answering a multiple choice quiz that will be made available on ELLY which focuses on the first part of the program (up to goods, properties, real rights and possession); the test is evaluated with a score from 0 to 30 with one point for each correct answer and is passed by achieving at least the result of eighteen. The score of the partial test is used only for the purposes of admission to the oral exam: therefore, it does not contribute to the determination of the grade. This test can be reserved for students who have taken an active part in any activity organized during the course. Passing the test will be communicated on ELLY; the oral exam will take place on the remaining part of the program (from obligations and contracts to family and inheritance) and can be taken within the last session of the current academic year on the dates communicated by the teacher via ELLY.
The regulation of the partial test and of any activity will also be published on ELLY, which contains all the indications in detail, 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 ELLY for supplementary material, including
material for the preparation of the exam.
