Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2018/2019
Partition: 
Cognomi E-N
Teaching: 
Belonging course: 
Course of Bachelor's Degree Programme on BUSINESS ADMINISTRATION
Disciplinary sector: 
PRIVATE LAW (IUS/01)
Credits: 
9
Year of study: 
1
Teachers: 
Cycle: 
First Semester

Language

Italian for the frontal lessons and for the final oral exam.

Course description

The course of Private Law Institutions aims to look at the basic scheme of the various institutions through which to bring them back to the system and to offer students the basic knowledge and the logical-analytic tools necessary to undertake the study of legal disciplines.
Knowledge and understanding: The student should be able to demonstrate that he has gained familiarity with the language and logic of Private Law and, therefore, has acquired a method of legal analysis of relations between individuals, for which knowledge of norms and concepts is an indefinable premise.
Applying knowledge and understanding: The student should be able to demonstrate that he / she can apply his or her knowledge in solving the legal issues related to the courses that are the subject of the course.
Making judgments: The student should be able to demonstrate that he has developed an adequate capacity to integrate all knowledge and to manage the complexity of the information in order to formulate appropriate judgments.
Communication: The student should be able to respond clearly and comprehensively to the questions given during the oral examination, using the legal language correctly.
Lifelong learning skills: The student should be able to demonstrate a good learning ability that makes him autonomous in the study, in the deeper and in the updating.

Prerequisites

Reasoning ability

Syllabus

- 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.
- 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.

The main topics covered in the course are organized in III modules:
I MODULE (24 hours): 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. 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 family. The family did. The matrimonial forms. Personal relationships between spouses. Family wealth regimes. The marital crisis: personal separation and divorce. The filiation. 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.
II MODULE (24 hours): 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 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.
III MODULE (24 hours): 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. 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 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. General information about the donation contract and other acts of liberality. 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

The student can study on any manual of private law. However, some texts that the student can choose alternately are:
- BOCCHINI-QUADRI, Diritto Privato, Torino, last ed.
- BESSONE, Istituzioni di Diritto Privato, Torino, last ed.
The will deepen the questions No. 6, 8, 11, 27, 38, 41 and 56, drawn by the following text:
- BOCCHINI, Il recesso, Pacini Giuridica, 2017
- The study of the text should be accompanied by the consultation of the updated civil code.
- Readings and other teaching material used or suggested during the lessons are included in the Yahoo group ProfBocchiniDirittoPrivato2018-2019Parthenope.

Learning assessment

Verification is based on an oral test conducted by administering questions related to the study program; in answering the questions students will have to prove that they know how to expose the basic concepts learned during their study. The vote of the oral examination is expressed in scale from 0 to 30.

More information

The student should be able to demonstrate that he has gained familiarity with the language and logic of Private Law and, therefore, has acquired a method of legal analysis of relations between individuals, for which knowledge of norms and concepts is an indefinable premise.