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 L-36 AL AGOSTINELLI BENEDETTA
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, contractsCore Documentation
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
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.
Mutuazione: 21801003 ISTITUZIONI DI DIRITTO PRIVATO in Scienze politiche L-36 MZ SPADAFORA ANTONIO
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.
Type of delivery of the course
OralAttendance
Not compulsoryType of evaluation
Oral test