I) Knowledge and understanding:
the course offers the tools to understand the general discipline of the contract and of the individual contractual types, in light of the doctrinal and jurisprudential evolutions, as well as of the internal and European regulations. Attention to the methodological profile, moreover, allows a reflection on the interpretation of the negotiating discipline in a systematic and axiological perspective.
II) Ability to apply knowledge and understanding:
The course is characterized by a critical and practical approach. The discussion of the different profiles of the negotiating autonomy does not stop at the exegesis of the normative data, but aims to solicit the students' reflection on the practical implications of the examined legislation, on the relative operational criticalities and on the possible conflicts found in the practice. This aims to train an interpreter of the law capable of applying the knowledge acquired on the theoretical level to the concrete case, represented by the issues addressed by the jurisprudence, from time to time object of study.
III) Autonomy of judgment:
The outlined methodological approach, the study of the disciplines, of the jurisprudence, of the doctrinal theses and the comparison with the foreign experiences aim to stimulate the autonomy of judgment of the student and his ability to critically interpret the juridical texts. This in order to identify concrete solutions appropriate to the interests at stake.
IV) Communication skills:
Consultation of normative texts and judgments, accompanied by reflection and discussion on the various theses proposed in doctrine (on contract law and on the interpretative method), aims to favor both the acquisition of an adequate legal language and the development of dialectical skills. and arguments. Equal attention is dedicated to developing communication skills through IT tools useful for in-depth legal research.
V) Learning ability:
The ability to learn is stimulated by the subjection to students of 'cases' on which to discuss, with particular attention to the applicable discipline and possible solutions. Furthermore, in-depth material will be provided within the course (texts of sentences, articles of doctrine, etc.). The objective will also be pursued by transferring to the student the ability to research educational material useful for in-depth analysis through online legal databases.
General section: The agreement: from Roman law to the modern European law. Sources of integration of agreement. Acts of gift. The formation of agreement. The plurilateral agreement. The preliminary. The option. The first refusal. Basic elements of the agreement: assent, consideration, object and form. Accidental elements: condition, term, modus. The effects of the contract. The voidness, the voidability. The termination, the cancellation, the discharge. The voidness of protection. The agency. The simulation. The trust. The good faith. The obligation: the contractual liability and torts. Special section: 1) Complexity and unity of legal system. The pluralism of the sources of law. The fundamental and European principles. The control of constitutionality. Implied powers. The principle of subsidiarity. The division of competences. Typical and atypical negotiation. Interpretation and identification of appropriate legislation for the concrete case. Form prescriptions. 2) System of warranties in the sale. The warranty for eviction.
First part (80 hours): The general discipline of the contract.
Second part(32 hours): The profiles of the contract in the Italian and European sources system.
- C.M. BIANCA, Diritto civile, 3, Il contratto, Giuffrè, ult. ed. oppure F. GALGANO, Corso di diritto civile, Il contratto, Cedam, ult. Ed.
- P. PERLINGIERI, Il diritto civile nella legalità costituzionale secondo il sistema delle fonti italo-comunitario, I, Esi, ult. ed., cap. 5, 7 e 8.
- U. Grassi, Sistemi di tutela dell'acquirente, Napoli (Esi), 2015.
The assessment of learning and teaching objectives takes place through an oral test.
The interview aims to assess the adequate knowledge of the legal institutions under study and the ability to analyze in a problematic key.
At the end of the interview, lasting about 30 minutes, an evaluation is expressed in thirtieths.