PRIVATE LAW INSTITUTES
The course aim is to furnish knowledge of the fundamental legal instruments of our system, enabling the student to gain the ability to understand and interpret the rules governing main private instruments. At the end of the learning session, the student should have gained knowledge and skills on the main topics and most important issues of private law.
There are no preparatory courses for the course
Private law program:
▪ Private law and its sources
▪ Private law and the European Union
▪ Legal situations
▪ Facts and legal acts
▪ Advertising tools
▪ Statute of limitation and forfeiture
▪ Rights of the individual
▪ Right of ownership
▪ Rights to property of others
▪ Protection of property and possession
▪ Discipline and events of mandatory relationship
▪ Contractual autonomy
▪ Contract elements
▪ Contract efficacy
▪ Fulfillment and non-fulfillment of obligations
▪ Validity and non-validity of contract
▪ Non-contractual sources of obligations
▪ Unlawful acts and liability
▪ Consumer protection
▪ Successions due to death in general
The course aim is to identify the fundamental lines of private law, and to learn the main concepts concerning its institutions. The first part of the course deals with: the sources of law; the interpretation of regulatory texts; subjective rights; natural persons; the rights of personality; institutions. The second part of the course deals with: assets, real rights and possession.
The third part of the course deals with: obligatory relationship; contracts in general; sales; non-contractual sources of obligations, civil liability and consumer protection. The fourth and last part deals with succession due to death in general and acts of liberality between the living.
The course will take place in the classroom or remotely, depending on how the Covid-19 pandemic evolves.
The lessons will in any case focus, from time to time, on the in-depth study of certain legal instruments and, within the limits dictated by the permitted method, dialogue with the class will be privileged.
- G. IUDICA P. ZATTI, Linguaggio e regole del diritto privato, Cedam. 2020.
- R. GIAMPETRAGLIA “Protestatio contra factum non valet”, Liguori, 2014.
The exams will take place face to face or remotely depending on how the Covid-19 pandemic evolves.
There may be a written multiple-choice test, whose results will contribute to a final oral evaluation.
The final summative evaluation, with a mark out of thirty, will follow an oral test comprising at least three questions, with reference to all the selected parts of the recommended texts. The final test will assess whether the student has knowledge and understanding of the instruments addressed during the lessons, as well as the skill to apply this knowledge to elementary concrete cases envisaged during the exam. The sufficiency threshold (18 out of 30) is considered to be reached when the student has shown knowledge and understanding of the civil instruments covered by the course and is able to implement the correct interactions between the various parts of the program. If he/she does not achieve this result, the exam is considered insufficient. The grade of the oral exam is communicated immediately at the end of the exam itself.