Programme

The course of Institutions of Private Law II is aimed at allowing students the critical deepening of some typical institutions 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 some special contracts (sale, lease, lease, sale and lease back, factoring, franchising, contract, mandate, deposit, loan, mortgage, transaction, consumer contracts) and finally to the delicate issue of civil liability, the complex of illicit facts to which a compensation obligation arises for those who have caused unfair damage.

Core Documentation

- MAZZAMUTO (edited by), Manual of private law, III ed. (Giappichelli 2019).
- Any other private law manual chosen by the student is duly updated.
N.B: it is essential to consult an edition of the civil code with attached special legislation updated this year.

Type of delivery of the course

Classroom lessons

Type of evaluation

oral exam

Programme

Tort liability and protections
The types of damages and the criteria for liquidation
Contracts: the general rules of contract and sectorial specialties
Sale and contracts for the transfer of rights
Lease and contracts for the concession in use and enjoyment
Contract, work contract and contracts for the provision of goods and services
Mandate, agency and contracts for commercial cooperation and distribution
Insurance, annuity and financial market contracts - Surety and guarantee contracts
Transaction and contracts with creditors for the management of insolvency
The right to property between the Code and the Constitution
Rights in rem over another's property
Communion and condominium
Possession and actions for protection
Family law
Marriage as an act and the rights and duties between spouses
The crisis of marriage: separation and divorce
The property relations between spouses
Filiation and adoption
Principles and institutions of inheritance law
Donations

Core Documentation

Last edition between:
- Macario, Introduzione al diritto privato II, Bologna, il Mulino, 2022,

Or

- Bessone (a cura di), Istituzioni di diritto privato, Torino, Giappichelli
- Mazzamuto (a cura di), Manuale del diritto privato, Torino, Giappichelli
- Rescigno, Manuale di diritto privato, Milano, IPSOA
- Trabucchi, Istituzioni di diritto civile, Padova, Cedam
- Zatti, Colussi, Lineamenti di diritto privato, Padova, Cedam

Other materials:

- Codice civile: students can use any updated edition

Attendance

Attending lectures is not compulsory but it is advisable

Type of evaluation

Oral Exam