Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2018/2019
Belonging course: 
Course of 5-year Single Cycle Master's Degree Programme on LAW
Location: 
Napoli
Disciplinary sector: 
PRIVATE LAW (IUS/01)
Language: 
Italian
Credits: 
14
Year of study: 
3
Cycle: 
First Semester
Hours of front activity: 
112

Language

Italian

Course description

Prerequisites

In order to take the civil law exam it is necessary to have already passed the exam of Institutions Private Law

Syllabus

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.

First part (80 hours): The general discipline of the contract.
Second part(10 hours): The profiles of the contract in the Italian and European sources system.

Teaching Methods

Traditional lectures, seminars

Textbooks

General section: C.M. BIANCA, Diritto civile, 3, Il contratto, Giuffrè, ult. ed. oppure F. GALGANO, Corso di diritto civile, Il contratto, Cedam, ult. Ed.
Special section: P. PERLINGIERI, Il diritto civile nella legalità costituzionale secondo il sistema delle fonti italo-comunitario, tomo I, Esi, ult. ed., limitatamente ai capitoli 5, 7 e 8.

Learning assessment

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.

The student must demonstrate to know the main institutions and the application profiles of the contractual autonomy, demonstrating to have acquired the basic knowledge of civil law necessary to undertake the legal professions. The verification also consists in the analysis of issues concretely addressed by jurisprudence, requiring the student to explain the relevant legal principles involved.

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