The course proposes the study of the private law of the public administration, offering a general framework of the administrative activity with particular reference to the obligations arising from the Public Administration, identifying the scope where it acts according to private law schemes, subject to the relative discipline, and also highlighting the particular profiles related to its nature.
Curriculum
teacher profile teaching materials
The course proposes the study of the private law of the public administration, offering a general framework of the administrative activity with particular reference to the obligations arising from the Public Administration, identifying the scope where it acts according to private law schemes, subject to the relative discipline, and also highlighting the particular profiles related to its nature.
The necessary premise consists of the distinction between public law and private law as well as between public entities, in charge of the administrative function (and summarized as public administrations), which act for general interest purposes, and private subjects, which pursue viceversa interests details.
The investigation, in its general part, has as its object the activity of common law of the Public Administration, analyzing institutions and relationships in which the public administrations operate as subjects of common law: from private organizational forms, to the ownership of dominical rights, to the stipulation, instead of issuing administrative measures, negotiation with private parties, and finally civil liability for the injury of subjective legal situations pertaining to individuals.
The special part is dedicated to the civil responsibility of the PA, using the method of the study of cases on the basis of judgments issued by various judicial authorities (Constitutional Court, Council of State, TAR, Court of Cassation and ordinary Courts), which offer an opportunity to the examination of relevant issues, among which, for example, responsibility in the management of public services, indirect responsibility, responsibility for the provision of health services, responsibility for the illegitimate exercise of administrative power.
1) V. Cerulli Irelli, Amministrazione pubblica e diritto privato, Giappichelli, Torino, 2011 (except cap. n. 5)
2) G. Corso – G. Fares, La responsabilità della Pubblica amministrazione, Giappichelli, Torino, 2009
Mutuazione: 21801987 DIRITTO DELLE OBBLIGAZIONI E DEI CONTRATTI NELLE AMMINISTRAZIONI PUBBLICHE in Scienze delle pubbliche amministrazioni LM-63 AGOSTINELLI BENEDETTA
Programme
Purpose of the course and articulation of the programThe course proposes the study of the private law of the public administration, offering a general framework of the administrative activity with particular reference to the obligations arising from the Public Administration, identifying the scope where it acts according to private law schemes, subject to the relative discipline, and also highlighting the particular profiles related to its nature.
The necessary premise consists of the distinction between public law and private law as well as between public entities, in charge of the administrative function (and summarized as public administrations), which act for general interest purposes, and private subjects, which pursue viceversa interests details.
The investigation, in its general part, has as its object the activity of common law of the Public Administration, analyzing institutions and relationships in which the public administrations operate as subjects of common law: from private organizational forms, to the ownership of dominical rights, to the stipulation, instead of issuing administrative measures, negotiation with private parties, and finally civil liability for the injury of subjective legal situations pertaining to individuals.
The special part is dedicated to the civil responsibility of the PA, using the method of the study of cases on the basis of judgments issued by various judicial authorities (Constitutional Court, Council of State, TAR, Court of Cassation and ordinary Courts), which offer an opportunity to the examination of relevant issues, among which, for example, responsibility in the management of public services, indirect responsibility, responsibility for the provision of health services, responsibility for the illegitimate exercise of administrative power.
Core Documentation
1) V. Cerulli Irelli, Amministrazione pubblica e diritto privato, Giappichelli, Torino, 2011 (except cap. n. 5)
2) G. Corso – G. Fares, La responsabilità della Pubblica amministrazione, Giappichelli, Torino, 2009
Type of delivery of the course
The course of the lessons is articulated following the exam programme, with an introduction on the general part of private law to get a higher-level treatment that develops the critical skills of the students. The second part of the course encourages students to prepare individual issues on civil liability, to be exhibited in the classroom through the study of practice cases.Attendance
Attendance is not mandatory but suggested in order to improve the study methodType of evaluation
The exam assesses - with questions about the different parts of the programme (entities, contractual activities, public assets regime, liability)-whether the student understood how the public administrations use rules of private law. teacher profile teaching materials
The course proposes the study of the private law of the public administration, offering a general framework of the administrative activity with particular reference to the obligations arising from the Public Administration, identifying the scope where it acts according to private law schemes, subject to the relative discipline, and also highlighting the particular profiles related to its nature.
The necessary premise consists of the distinction between public law and private law as well as between public entities, in charge of the administrative function (and summarized as public administrations), which act for general interest purposes, and private subjects, which pursue viceversa interests details.
The investigation, in its general part, has as its object the activity of common law of the Public Administration, analyzing institutions and relationships in which the public administrations operate as subjects of common law: from private organizational forms, to the ownership of dominical rights, to the stipulation, instead of issuing administrative measures, negotiation with private parties, and finally civil liability for the injury of subjective legal situations pertaining to individuals.
The special part is dedicated to the civil responsibility of the PA, using the method of the study of cases on the basis of judgments issued by various judicial authorities (Constitutional Court, Council of State, TAR, Court of Cassation and ordinary Courts), which offer an opportunity to the examination of relevant issues, among which, for example, responsibility in the management of public services, indirect responsibility, responsibility for the provision of health services, responsibility for the illegitimate exercise of administrative power.
1) V. Cerulli Irelli, Amministrazione pubblica e diritto privato, Giappichelli, Torino, 2011 (except cap. n. 5)
2) G. Corso – G. Fares, La responsabilità della Pubblica amministrazione, Giappichelli, Torino, 2009
Programme
Purpose of the course and articulation of the programThe course proposes the study of the private law of the public administration, offering a general framework of the administrative activity with particular reference to the obligations arising from the Public Administration, identifying the scope where it acts according to private law schemes, subject to the relative discipline, and also highlighting the particular profiles related to its nature.
The necessary premise consists of the distinction between public law and private law as well as between public entities, in charge of the administrative function (and summarized as public administrations), which act for general interest purposes, and private subjects, which pursue viceversa interests details.
The investigation, in its general part, has as its object the activity of common law of the Public Administration, analyzing institutions and relationships in which the public administrations operate as subjects of common law: from private organizational forms, to the ownership of dominical rights, to the stipulation, instead of issuing administrative measures, negotiation with private parties, and finally civil liability for the injury of subjective legal situations pertaining to individuals.
The special part is dedicated to the civil responsibility of the PA, using the method of the study of cases on the basis of judgments issued by various judicial authorities (Constitutional Court, Council of State, TAR, Court of Cassation and ordinary Courts), which offer an opportunity to the examination of relevant issues, among which, for example, responsibility in the management of public services, indirect responsibility, responsibility for the provision of health services, responsibility for the illegitimate exercise of administrative power.
Core Documentation
1) V. Cerulli Irelli, Amministrazione pubblica e diritto privato, Giappichelli, Torino, 2011 (except cap. n. 5)
2) G. Corso – G. Fares, La responsabilità della Pubblica amministrazione, Giappichelli, Torino, 2009
Reference Bibliography
S. Pugliatti, Diritto pubblico e diritto privato, Enc. dir., XII, Milano, 1964 M. Carrà, L'esercizio illecito della funzione pubblica ex art. 2043 c.c., Milano, 2006 L. Mercati, Pubblico e privato nella valorizzazione del patrimonio immobiliare, Torino, 2009 G.P. Cirillo, Sistema istituzionale di diritto comune, Padova, 2018Type of delivery of the course
The course of the lessons is articulated following the exam programme, with an introduction on the general part of private law to get a higher-level treatment that develops the critical skills of the students. The second part of the course encourages students to prepare individual issues on civil liability, to be exhibited in the classroom through the study of practice cases.Attendance
Attendance is not mandatory but suggested in order to improve the study methodType of evaluation
The exam assesses - with questions about the different parts of the programme (entities, contractual activities, public assets regime, liability)-whether the student understood how the public administrations use rules of private law.