Lectures devoted to the complex of sources of private law, interpretation of the legal norm, subjective situations, natural and legal persons, legal acts and facts will be introductory in nature. The discipline of contract and real rights will be the subject of further study
We suggest one of the following books:
- A. TORRENTE-P. SCHLESINGER, Manuale di diritto privato, Giuffré, ult. ed.;
- G. ALPA, Manuale di diritto privato, Cedam, ult. ed.;
- P. PERLINGIERI, Manuale di diritto civile, Esi, ult. ed;
- E. ROPPO, Diritto Privato, Giappichelli, ult. ed.
The program includes the entire manual, apart from singoli contratti, famiglia, successioni e donazioni, responsabilità da fatto illecito
Please also refer to the materials on the e-learning platform.
The use of the uncommented civil code is strongly recommended
Learning Objectives
Provide the notions and concepts for an initial, but also adequately in-depth, knowledge of the private legal system in Italy, having as fundamental textual references the Constitution, the Treaty of the European Union and the Civil Code accompanied by the main complementary laws;
Provide the following skills:
(a) ability to adopt the appropriate technical terminology proper to private law and to use the method of legal-privatistic reasoning as the essential basis of the approach to law;
(b) ability to make appropriate use of the Civil Code and other special legislation and to begin to correlate it with the sources of European law;
(c) ability to grasp the principles and connections that organize the main institutions of private law into an articulated system;
(d) ability, within the limits of the knowledge and skills acquired, to apply the reasoning learned to the solution of legal problems.
Prerequisites
Capacity to read Italian complex books
Teaching Methods
During the lectures, topics will be dealt with not only on a theoretical level, but with references to case history and practice. Seminars by subject matter experts will be held during class time.
Further information
.
Type of Assessment
Oral exam designed to assess learning of course content and indicated texts. For attending students only, an optional midterm written self-assessment test is scheduled halfway through the course.
Indicatively, the oral test will consist of three questions and the following profiles will be taken into consideration: ability to discursively organize knowledge, critical reasoning skills, quality of exposition, competence in the use of specialized vocabulary, effectiveness and linearity of exposition. Descriptive knowledge, to a greater or lesser extent, but without critical analysis and without reference to the constitutional and jurisprudential context, may result in sufficient evaluation.
Course program
The following topics are part of the program and will also be the subject of practical exercises: sources, interpretation and subjective situations; legal acts and facts; statute of limitations and forfeiture; evidence and publicity of legal facts; natural and legal persons; personality rights; property; property liability; sources of obligations in general and discipline of the obligatory relationship; general discipline of contract; property and other real rights; possession.