Learning objectives
The final evaluation is conducted through a single written exam which consists in answering in one hour to five open questions printed front and back on a A4 sheet .
During the written test it is forbidden to use any type of codes, texts, notes, phones, computer media and similar.
Any eventual oral integration - to be held in the specifically set date - is reserved for the students who have achieved a positive vote, only on request by email to the teacher, and involves the possible modification of the achieved vote for a maximum of two points in positive or negative.
Prerequisites
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Course unit content
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 statute law, jural acts and facts, subjective (individual) legal situations, jural relation and its events, circulation of legal models, statute of limitations and forfeiture of rights.
1.4. Disclosure of legal facts.
2. LEGAL PERSONS.
2.1. Natural persons. Capacity to have rights, capacity to exercise rights, “natural” capacity, legal disability/incapacity and relative protection of rights, places in which persons carry on their activities and fix their interests, dissolution of legal persons.
2.2. Rights to privacy : in general and individual cases.
2.3. Body corporates. Entities as person having rights or being able to duties. Juristic personality.
2.4. Types of body corporates: associations, foundations, committees
3. PROPERTIES
3.1. Properties. Notion and classifications.
3.2. Legal regime for circulation of property.
4. PROPRIETARY RELATIONS.
4.1 Proprietary relations. Proprietary rights and their characteristics.
4.2. Property in European Community law, in the Constitution and in the civil code.
4.3. Acquisition of property.
4.4. Minor proprietary rights.
4.5. Possession. Possessory and petitory actions.
4.6. Contractual (obligational) relationships. Contractual obligation and its characteristics. Obligations of performance and obligations of protection. Contracts without performance obligations.
4.7. Events constituting the contractual relationship. Sources of the contractual obligations.
4.8. Subjective and objective events modifying said contractual relationship.
4.9. Events terminating the contractual relationship. Fulfilment and other means of terminating a legal relation.
4.10. Breach of the contractual obligations.
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, voidability, sham transaction and rescission.
4.14. Functional profile of the contract. Regulation of interests, interpretation, enforceability of the contract, condition and time of the contract. Termination of the contractual relationship.
4.15. Consumer contracts. Vexatiuos clauses
4.16. Commercial contracts: subcontracting, delay in payments in commercial transactions.
4.17. Tipology of contracts: sale contracts, general, and special power of attorney, commission, donatio inter vivos, tenancy, lease, building contract, agency, leasing, guarantees, bonds, letters of patronage, settlement agreements
5. CIVIL LIABILITY.
5.1. Liability in contract
5.2. Liability in Tort. Torts. Various types of Aquilian liability.
5 3. Liability for violation of rules within a legal relationship having a source other than a contract or a tort.
5.4. Recoverable damage – property damage and non economic damage.
5.5. Personal injury/loss: from biological to “existential” damage.
5.6. Remedies.
6. FAMILY LAW AND SUCCESSION LAW.
6.1 Outlines of family law.
6.2. Outlines of succession law.
Full programme
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Bibliography
- DI NELLA LUCA, Lessons of Private Law, Parma, latest edition. The program of study for the examination coincides with the full text.
As a support for the preparation we recommend using the latest edition of:
- De Nova (a cura di), Codice civile e leggi complementari, Bologna, Zanichelli, latest edition
- Di Majo (a cura di), Codice civile con la Costituzione, i Trattati U.E. e le principali norme complementari, Milano, Giuffrè, latest edition
- other latest edition of the Civil Code.
Teaching methods
Oral lessons, theoretical and practical, with insights and exercises, by teachers and experts also international.
Assessment methods and criteria
The final evaluation is conducted through a single written exam which consists in answering in one hour to five open questions printed front and back on a A4 sheet .
During the written test is forbidden to use any type of codes, texts, notes, phones, computer media and similar.
Any eventual oral integration - to be held in the specifically set date - is reserved for the students who have achieved a positive vote, only on request by email to the teacher, and involves the possible modification of the achieved vote for a maximum of two points in positive or negative.
Other information
In the web site of the teacher (http://economia.unipr.it/docenti/home.asp?id=31) are available other materials for close examinations.
