21801003 - INSTITUTIONS OF PRIVATE LAW

The course aims to study and analyze the main institutions of private law to introduce the fundamental keynotes of the matter.

Curriculum

Canali

teacher profile | teaching materials

Programme

The program focuses on the main institutions and topics of private law: introduction to private law, private autonomy, the person, family law, inheritances and donations, entities, protected interests, tort law and liability, contracts

Core Documentation

E. del Prato, Le basi del diritto civile, ultima edizione, Giappichelli, Torino.

Reference Bibliography

E. del Prato, Le basi del diritto civile, ultima edizione, Giappichelli, Torino.

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 gets a basic knowledge of the fundamental topics and develops the critical skills of the students.

Type of evaluation

The exam aims to assess - with questions on the different parts of the program- whether the student has understood the basic discipline of private law institutions. The student is asked several questions on the different topics covered in the texts and in class in order to test his critical skills and the appropriate preparation on the fundamental notions related

teacher profile | teaching materials

Programme

First unit: General theory

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).

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 code

Type of delivery of the course

Oral

Attendance

Not compulsory

Type of evaluation

Oral test

Canali

teacher profile | teaching materials

Programme

The program focuses on the main institutions and topics of private law: introduction to private law, private autonomy, the person, family law, inheritances and donations, entities, protected interests, tort law and liability, contracts

Core Documentation

E. del Prato, Le basi del diritto civile, ultima edizione, Giappichelli, Torino.

Reference Bibliography

E. del Prato, Le basi del diritto civile, ultima edizione, Giappichelli, Torino.

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 gets a basic knowledge of the fundamental topics and develops the critical skills of the students.

Type of evaluation

The exam aims to assess - with questions on the different parts of the program- whether the student has understood the basic discipline of private law institutions. The student is asked several questions on the different topics covered in the texts and in class in order to test his critical skills and the appropriate preparation on the fundamental notions related

teacher profile | teaching materials

Programme

First unit: General theory

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).

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 code

Type of delivery of the course

Oral

Attendance

Not compulsory

Type of evaluation

Oral test

Canali

teacher profile | teaching materials

Programme

The program focuses on the main institutions and topics of private law: introduction to private law, private autonomy, the person, family law, inheritances and donations, entities, protected interests, tort law and liability, contracts

Core Documentation

E. del Prato, Le basi del diritto civile, ultima edizione, Giappichelli, Torino.

Reference Bibliography

E. del Prato, Le basi del diritto civile, ultima edizione, Giappichelli, Torino.

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 gets a basic knowledge of the fundamental topics and develops the critical skills of the students.

Type of evaluation

The exam aims to assess - with questions on the different parts of the program- whether the student has understood the basic discipline of private law institutions. The student is asked several questions on the different topics covered in the texts and in class in order to test his critical skills and the appropriate preparation on the fundamental notions related

teacher profile | teaching materials

Programme

First unit: General theory

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).

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 code

Type of delivery of the course

Oral

Attendance

Not compulsory

Type of evaluation

Oral test