he course aims to provide the student with adequate knowledge of contract law, in the light of domestic and European legislation and jurisprudence. The study of the different profiles of contractual autonomy (from the formation of the bond, to the constitutive elements, up, more generally, to the limits to the exercise of the negotiating power) is carried out in constant comparison with the evolution of legislation and jurisprudence, as well as with developments of the doctrine. Furthermore, the study of contract law in a cross-border perspective, imposed by the process of market globalization, is not neglected. Thus, the student is offered a critical and current reading of contractual autonomy, the subject, especially in the last twenty years, of numerous reforms (think of consumer law) that have profoundly affected it. At the same time, the in-depth analyzes proposed on the system of sources and interpretation, as well as on the discipline of guarantees in the sale, aim to encourage reflection on the legal method and on the need to identify the applicable discipline in relation to concrete interests.
More specifically, the course aims at acquiring the following skills and abilities:
I) Knowledge and understanding:
the course offers the tools to understand the general discipline of the contract and of the single contractual types, in the light of the doctrinal and jurisprudential evolutions, as well as of the internal and European legislation. Furthermore, the attention to the methodological profile allows a reflection on the interpretation of the negotiation discipline in a systematic and axiological perspective.
In order to take the civil law exam it is necessary to have already passed the exam of Institutions Private Law
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.
Traditional lectures, seminars
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.
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.