PRIVATE LAW MODULE I
In accordance with the recent acquisitions of modern legal pedagogy, the course aims to radically innovate the traditional private law teaching aimed at the mere acritic acquisition of theoretical notions: it aims instead to learn the typical application skills of legal professionalism.
The student will in particular be trained to use the theoretical knowledge from the legal solution manual (for which the study of the manual is sufficient). This encourages critical learning ("autonomy of judgment" and "ability to apply knowledge"), that is, a personal re-elaboration of the content of the manual in relation to the solution of the issues.
Communication skills will also be handled, especially in written form because most of the questions submitted to the student should be written in writing: both in the classroom and at home. For a more complete success of this training objective, the formation of study groups will be encouraged to answer questions.
Sometimes the questions will not require a "dry" answer but will be open to a variety of solutions, so that the student can start the autonomous use of the knowledge from the manual
The constant frequency of the lessons and the analytical study of the application part text will also be recommended. Only in this way will it be possible, by acquiring the rudiments of legal technique, to pursue the broader objective of developing that faculty of judgment - the aptitude of application of abstract knowledge - that transcends the limits of legal preparation but that in the legal experience of judging Has its fundamental archetype.
No pre-requisites are provided
Legal order: Private law and legal order. The sources of private law. The codification and the main European codes. The interpretation of legal rules. The effectiveness of legal rules in time and space.
- General Categories: Subject and Person. Legal property. Subjective juridical situations and legal relationships. Facts, legal acts and shops. Effects, vicissitudes and circulation of legal situations. Subjects: the physical person and the entities. Personality rights.
- The marriage and the family: The family. The family did. The matrimonial forms. Personal relationships between spouses. Family wealth regimes. The marital crisis: personal separation and divorce. The filiation.
- Property Rights: Property. The purchase of the property. The actions in defense of property. Real rights on what else. Communion. The condo in the buildings. Possession. Actions to defend possession.
- Bonds: Sources. Characters of the obligatory relationship. Types of bonds. Modifications of the mandatory relationship. The fulfillment. The modes of extinction of the bond other than the fulfillment. The non-performance. The liability of the debtor and the means of retention of the collateral. The real rights of the guarantee. Personal guarantees. Sources of the bond other than the contract.
- Contract: Contract. Contract and legal store. The conclusion of the contract. Pre-contractual activities. Contract requirements. The subject of the contract. The cause of the contract. The form of the contract. Accidental elements of the contract. The contractual regulation. The effects of the contract. Representation. The simulation. Invalidity of the contract. Nullity, annulment, or rescindability. The vices of consensus. Termination of the contract.
Natural person and legal person. Real rights and possession. Illegal acts. Legal and Contract Shop. Managing others business and enrichment without cause. Bonds. Succession.
The course is not a simple introduction to and explanation of the manual, but it is a sort of counterpoint: the discourse develops, in fact, in the display of application models of rules, through which, more immediately and clearly, it perceives the coherent functionality of the system.
The training process includes:
- theoretical framing lessons that focus on the themes in which the course program is structured;
- practical exercises and discussions to promote the development of the critical sense and the ability to apply the logical-analytical tools dealt with during the lessons;
- reading and discussing articles of newspapers and specialized journals on subjects relevant to the theoretical issues dealt with in the course.
P.Trimarchi, Istituzioni di diritto privato, Giuffrè, u.e.: pp.1-387; 411-568; 681-799. Alternatively,
C. M. Bianca, Istituzioni di diritto privato, Giuffrè, u.e.,limited to the same arguments.
F. Nappi, Didattica del diritto civile 2.0. Un prototipo di didattica fondata sull'addestramento al giudizio applicativo., Giappichelli, 2015, pp.45-111; 147-157;161-212;
To exercise application capabilities may be useful to consult "Codice civile operativo annotato con dottrina e giurisprudenza", Simone, u.e.
Insegnamento: Contratti bancari e tutela del consumatore.
Il corso si propone di sviluppare l'abilità applicativa delle regole di diritto privato, mettendola alla prova con riferimento ai rapporti tra banca e clienti, consumatori dei servizi bancari.
L'autonomia private nel rapporto tra banca e consumatori.
Mazzamuto, Il contratto di diritto europeo, Giappichelli, 2012, p.3577-395.
Nappi, I ragionamenti applicativi nella didattica del diritto privato, Giappichelli, 2011, p. 209- 244.
The examination will take place in oral form by administering questions related to the study program.