The course aims to provide a critical knowledge of the main issues and problems of private law in light of the recent reforms that have contributed to the ever-increasing proliferation of special legislation and the loss of centrality of the civil code. In this perspective, a particular look will be directed to European law, which has led to a radical renewal of the framework of sources by introducing in our system subsystems designed to support, and sometimes replace, domestic law. In this path, the teaching aims to provide 1) a thorough knowledge of the fundamental notions of private law in the Italian and European legislative framework; 2) the ability to contextualise, analyze and critically interpret sources of a different nature (European directives and regulations, our Constitutional Charter, the civil code, the principles of law enunciated by the jurisprudence of the European Court of Justice and the national court); 3) the lexical and conceptual tools necessary for the study of private law and useful for acquiring good exhibition skills in written and oral form. Expected learning outcomes:
- Analysis and in-depth analysis of the main institutions of private law with particular reference to the system of sources, the criteria of interpretation, the right of persons and family, the law of succession, real rights, the regulation of obligations and contracts in general, to typical and atypical contracts and to the civil liability system.
- Acquisition of technical language and a theoretical framework suitable for depicting and ordering the subject matter.
- Ability to interpret the regulatory provisions in full autonomy and to frame the concrete cases, paying particular attention to the main jurisprudential orientations and to the broader European context.
- Ability to identify possible solutions in case of conflict of subjective legal situations through a critical analysis of the main jurisprudential orientations and of the most consolidated doctrinal guidelines in the light of the changed economic, social and regulatory framework.
- Ability to present the acquired knowledge in the field of private relations in a complete and critical way, using an appropriate technical language. Capacity for refutation and comparison.
- Ability to apply and exploit the knowledge acquired during the course in the context of insolvency procedures, conference reports, seminars, professional interviews, masters.
- Analysis and in-depth analysis of the main institutions of private law with particular reference to the system of sources, the criteria of interpretation, the right of persons and family, the law of succession, real rights, the regulation of obligations and contracts in general, to typical and atypical contracts and to the civil liability system.
- Acquisition of technical language and a theoretical framework suitable for depicting and ordering the subject matter.
- Ability to interpret the regulatory provisions in full autonomy and to frame the concrete cases, paying particular attention to the main jurisprudential orientations and to the broader European context.
- Ability to identify possible solutions in case of conflict of subjective legal situations through a critical analysis of the main jurisprudential orientations and of the most consolidated doctrinal guidelines in the light of the changed economic, social and regulatory framework.
- Ability to present the acquired knowledge in the field of private relations in a complete and critical way, using an appropriate technical language. Capacity for refutation and comparison.
- Ability to apply and exploit the knowledge acquired during the course in the context of insolvency procedures, conference reports, seminars, professional interviews, masters.
Curriculum
teacher profile teaching materials
NB: it is essential to consult an edition of the civil code with attached special legislation updated this year.
Mutuazione: 20101383 ISTITUZIONI DI DIRITTO PRIVATO in Scienze dei servizi giuridici L-14 N0 SPOTO GIUSEPPE
Programme
The course of Private Law Institutions is aimed at allowing students to learn the fundamental notions of private law understood as that complex of rules that govern the intersubjective relationships between the individual members in their patrimonial sphere but also personal and family. Particular attention will be paid to the right of people - physical and legal - to which the system recognizes the quality of subjects of law, that is, holders of active and passive legal situations. Family law will also be studied in depth, consisting of a set of legal rules that concern not only the traditional family based on the marriage of a heterosexual couple, but also civil unions between persons of the same sex and de facto cohabitation, recently debated reforms. The law of succession will also be addressed, whose provisions are aimed at regulating the personal and patrimonial relations of the individual after death, and the subject of real rights, that is rights over things, with particular reference to the ways of purchasing and of transfer of the right of ownership between the living, as well as the real rights of enjoyment, possession and usucation. A special look will also be given to the general regulation of obligations and the contract and to the main rules on individual contracts and other sources of obligations. Finally, the delicate issue of civil liability will be addressed, the complex of illicit facts which will result in a compensation obligation for those who have caused unjust damage.Core Documentation
MAZZAMUTO (a cura di), Manuale del diritto privato, III ed. (Giappichelli 2019).NB: it is essential to consult an edition of the civil code with attached special legislation updated this year.
Type of evaluation
oral examination teacher profile teaching materials
NB: it is essential to consult an edition of the civil code with attached special legislation updated this year.
Programme
The course of Private Law Institutions is aimed at allowing students to learn the fundamental notions of private law understood as that complex of rules that govern the intersubjective relationships between the individual members in their patrimonial sphere but also personal and family. Particular attention will be paid to the right of people - physical and legal - to which the system recognizes the quality of subjects of law, that is, holders of active and passive legal situations. Family law will also be studied in depth, consisting of a set of legal rules that concern not only the traditional family based on the marriage of a heterosexual couple, but also civil unions between persons of the same sex and de facto cohabitation, recently debated reforms. The law of succession will also be addressed, whose provisions are aimed at regulating the personal and patrimonial relations of the individual after death, and the subject of real rights, that is rights over things, with particular reference to the ways of purchasing and of transfer of the right of ownership between the living, as well as the real rights of enjoyment, possession and usucation. A special look will also be given to the general regulation of obligations and the contract and to the main rules on individual contracts and other sources of obligations. Finally, the delicate issue of civil liability will be addressed, the complex of illicit facts which will result in a compensation obligation for those who have caused unjust damage.Core Documentation
MAZZAMUTO (a cura di), Manuale del diritto privato, III ed. (Giappichelli 2019).NB: it is essential to consult an edition of the civil code with attached special legislation updated this year.
Reference Bibliography
After the professor will show bibliography in reference to the topicType of evaluation
oral examination