Within the framework of humanities and law’s general theory, the Private Law has covered and keep covering a role which goes beyond the mere learning of technical knowledge relating the civil law currently in force.
During the analysis of the matter, a set of terms, definitions and methods relating all aspects of law is provided, which does not refer only to areas traditionally related to Private Law. The analysis of material elements of Private Law is aimed at introducing the student to technical notions, in order to provide tools which may also be used in other areas of social experiences.
The course will be divided in three modules. During the first and second module, the fundamental elements relating obligations will be analyzed together with elements relating the law’s general theory. The third module will be focused on contractual’s system.
During the analysis of the matter, a set of terms, definitions and methods relating all aspects of law is provided, which does not refer only to areas traditionally related to Private Law. The analysis of material elements of Private Law is aimed at introducing the student to technical notions, in order to provide tools which may also be used in other areas of social experiences.
The course will be divided in three modules. During the first and second module, the fundamental elements relating obligations will be analyzed together with elements relating the law’s general theory. The third module will be focused on contractual’s system.
Canali
teacher profile teaching materials
Mutuazione: 21801003 ISTITUZIONI DI DIRITTO PRIVATO in Scienze politiche e relazioni internazionali L-36 AL CUFFARO VINCENZO
Programme
The course is aimed at providing the framework of the current civil law system. Through the study of the civil code, read in connection with the constitutional principles and the rules descending from the participation of Italy to the European Union, students will learn the current rules applicable to private relations, as a result of the transformations determined by the mandatory comparison with the economic and social experience. The programme of the course envisages the following subject matters: the norms and the source of law - the lexicon of concepts - the subjects: physical persons, legal entities, de facto entities - the object: goods, real rights and possession - sources, structure and events of the contractual relations - the patrimonial liability of the debtor and the guarantees of the credit - the civil liability arising from criminal offences - the law of contracts in general - the consumer's contracts.Core Documentation
ROPPO, Diritto privato, Linee essenzialiType of delivery of the course
face-to face lessons explains program topicsType of evaluation
the test aims to asses, with questions about the different parts of the program, whether the student has understood the main institutions topics teacher profile teaching materials
Sources of private law. Effectiveness of law in time and space. Law interpretation. Legal analogy. Legal subjectivity. Capacity. Classification of subjective legal situations. Acquisition and extinction of sujective legal situations. Notes on the protection of subjective rights. Legal protection of factual situations. Legal entities.
Second unit: Obligations
The notion of obligation. The system of obligation's sources. The typical obligations. Subjective active and passive modifications. Fulfillment of the obligations. Methods for extinguishing obligations other than fulfillment. Liability due to defalt. The asset guarantee and the means for retaining the same. Tort liability and liability due to illicit behaviour.
Third unit: The contract
The notion of the parties' freedom to negotiate. Negotiating and non-negotiating acts. Typical or non-typical nature of negotiating process. The notion of contract. Contracts concluded by mutual agreement and contracts requiring the delivery of parties' subject matter. The essential elements. Ancillary elements. Direct and indirect representation. Interpretation of the contract. Invalidity of negotiations. Cancellation. Termination. Simulation. Consumer protection. Notes on the most important typical contracts (The sale and purchase. The mandate. The procurement. The carriage. The granting of usage. The loan. The donation).
It is essential the consultation of Civil Code.
As a special part of the program, must be studied "Le pretese tutelabili attraverso l'azione di classe" (CEDAM, 2012), only for the first chapter.
Programme
First unit: General theorySources of private law. Effectiveness of law in time and space. Law interpretation. Legal analogy. Legal subjectivity. Capacity. Classification of subjective legal situations. Acquisition and extinction of sujective legal situations. Notes on the protection of subjective rights. Legal protection of factual situations. Legal entities.
Second unit: Obligations
The notion of obligation. The system of obligation's sources. The typical obligations. Subjective active and passive modifications. Fulfillment of the obligations. Methods for extinguishing obligations other than fulfillment. Liability due to defalt. The asset guarantee and the means for retaining the same. Tort liability and liability due to illicit behaviour.
Third unit: The contract
The notion of the parties' freedom to negotiate. Negotiating and non-negotiating acts. Typical or non-typical nature of negotiating process. The notion of contract. Contracts concluded by mutual agreement and contracts requiring the delivery of parties' subject matter. The essential elements. Ancillary elements. Direct and indirect representation. Interpretation of the contract. Invalidity of negotiations. Cancellation. Termination. Simulation. Consumer protection. Notes on the most important typical contracts (The sale and purchase. The mandate. The procurement. The carriage. The granting of usage. The loan. The donation).
Core Documentation
For the purpose of preparation can be used any handbook in commerce.It is essential the consultation of Civil Code.
As a special part of the program, must be studied "Le pretese tutelabili attraverso l'azione di classe" (CEDAM, 2012), only for the first chapter.
Reference Bibliography
Handbook of Private Law - Civil codeType of delivery of the course
OralAttendance
Not compulsoryType of evaluation
Oral test