Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2016/2017
Partition: 
Matricole dispari
Belonging course: 
Course of Bachelor's Degree Programme on ECONOMIA AZIENDALE
Location: 
Napoli
Disciplinary sector: 
ECONOMICS LAW (IUS/05)
Credits: 
3
Year of study: 
1
Cycle: 
First Semester

Language

Italian

Course description

Formative objectives

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.

Prerequisites

No pre-requisites are provided

Syllabus

Individual contracts: Contracts for the alienation of goods. Work or service contracts. Legal cooperation agreements. The contracts of enjoyment. Arbitrary contracts. The resolution contracts of a contraversion. Atypical contracts and new contracts. Consumer contracts. E-Commerce Contracts.
- Liability: Civil liability: notion, function and general discipline. Structure of the unlawful act. Special liability regimes. The unjust damage. The damages payable. The protective tools of the damaged.
- Succession: Succession due to death: general principles. Legitimate succession. The testament succession. The rights of the legitimate. The purchase of legacy and legacy. The relationships between coereds. Communion and hereditary division.
- Donations: General information about the donation contract and other acts of liberality.
- Advertising: Advertising in general: Types, Functions and Effects. The transcription.

Individual contracts: Contracts for the alienation of goods. Work or service contracts. Legal cooperation agreements. The contracts of enjoyment. Arbitrary contracts. The resolution contracts of a contraversion. Atypical contracts and new contracts. Consumer contracts. E-Commerce Contracts.
- Liability: Civil liability: notion, function and general discipline. Structure of the unlawful act. Special liability regimes. The unjust damage. The damages payable. The protective tools of the damaged.
- Succession: Succession due to death: general principles. Legitimate succession. The testament succession. The rights of the legitimate. The purchase of legacy and legacy. The relationships between coereds. Communion and hereditary division.
- Donations: General information about the donation contract and other acts of liberality.
- Advertising: Advertising in general: Types, Functions and Effects. The transcription.

Teaching Methods

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.

Textbooks

P.Trimarchi, Istituzioni di diritto privato, Giuffrè, u.e.: pp. 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.

Obiettivi formativi.
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.

Programma.

L'autonomia private nel rapporto tra banca e consumatori.

Testi.
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.

Learning assessment

The examination will take place in oral form by administering questions related to the study program.

More information