RIGTH OF NO-PROFIT
Italian will be used for lectures.
The course aims to offer students the basic knowledge and logical-analytical tools necessary to undertake the study of the third sector. The starting point is the analysis of the organizations governed by Book I of the c.c. which are opposed to those for profit regulated in Book V. We then proceed to address the period of special legislation, started in the 90s, with which specific figures of non-profit organizations were introduced. On the one hand, this has enriched the view of legal persons, on the other, it has created a framework without general principles. With the delegated law n. 106 of 2016 the legislator has instructed the Government to implement the reform of the sector, also according to the role it is assigned to play in the implementation of the constitutional principle of horizontal subsidiarity. The reform has culminated with the issuing of the Third Sector Code which took place with Legislative Decree no. 117/2017.
Knowledge and understanding:
The student will demonstrate that he understands the structure of the regulatory system and the general principles in relation to the third sector.
Applying Knowledge and understanding:
The student must demonstrate that he understands the normative reality of cultural activities and, more generally, of non-profit organizations.
The student will demonstrate the ability to guide the choice between different figures of non-profit organizations in relation to the goals set.
The student will demonstrate that he has acquired an adequate level in technical-legal language.
Lifelong learning skills:
The student will have to demonstrate a good learning ability of the third sector system.
It is essential to passing the examination of Private Law to be able to understand the systematic classification of the individual figures.
The discipline of Book I of the Civil Code: recognized associations, unrecognized associations, foundations, committees. Non-profit organizations. The models of discipline proposed by special legislation: the ONLUS. The principle of horizontal subsidiarity. The delegated law n. 106 of 6 June 2016: analysis of its principles. Implementation of the delegation: the establishment of the universal civil service, the reorganization of the discipline of five per thousand, the reform of the social enterprise. Analysis of the Third Sector Code. The Third Sector Organizations and their distinctive characteristics. The corrective decrees.
1. The discipline of Book I of the Civil Code: 16 hours. The recognized associations, unrecognized associations, foundations, committees.
2. Special legislation: 16 hours. The various figures of non-profit organizations.
3. The reform of the third sector: 16 hours. Analysis of the principles of the delegated law n. 106 of 2016 reform of the third sector. The implementing decrees. The Third Sector Institutions. The Third Sector Code. The corrective decrees.
The training process includes lectures and in-depth analysis of the individual figures of non-profit organizations and their theoretical framework. Also it planned exercises on practical cases in order to test the application of the rules set out in the lectures.
1. In the study of the part referring to the discipline of Book I of the Civil Code, the student can use any private law manual, provided updated.
2. Teaching material.
The study of the text must be accompanied to the consultation of the civil code in the updated edition and the Third Sector Code.
The exam consists of an oral test aimed at evaluating the acquisition of the basic principles and the ability of the student to orientate among the various figures of non-profit organizations that have been analyzed during the course. A question will be asked on the part of the entities regulated in Book I of the Italian Civil Code to which up to 10 points will be awarded. The second question will be asked about a specific figure of non-profit organization, to which up to 10 points will be awarded. The third question will concern the reform of the third sector and to which up to 10 points will be awarded.The duration of the oral exam ranges from about 15 to 20 minutes. The final grade will correspond to a global evaluation that will also take into account the student's exhibition ability. To pass the test it is necessary to acquire at least the 18/30 vote.