The learning outcomes consist in the acquisition by the student of knowledge of private law arrangements, in particular of the patrimonial field.
Expected learning outcomes according to Dublin descriptors:
At the end of the course the student must demonstrate to have achieved the following knowledge, skills and attitudes:
1. Knowledge and understanding
- knowledge of the principles of the regulation of relations of private law, especially concerning patrimonial content in relation to structure, constitution and performance;
- knowledge of the principles and regulations of contractual and negotiating autonomy in relation to structural and functional profiles;
- knowledge of the principles of the regulation concerning civil liability and unlawful acts; family and succession due to death;
- understanding of the substantial interests underlying the individual arrangements and the main problems that are connected to them.
2. Ability to apply knowledge and understanding
- ability to interpret the rules with systematic criteria and to understand the application objectives of the most important profiles of the arrangements studied, especially those that during the course will be analysed. This ability will be acquired through the constant reference, during the lessons, to case studies.
3. autonomy of judgment
- ability to develop and deepen in an autonomous way the acquired knowledge and to achieve, over time, an increasingly high critical and judgment ability, so as to be able to compare the preparation on the matter even on theoretical-practical questions not primarily dealt with and know how to argue solutions. To this end, the student will need to have understood the logic that underlies the disciplines studied, which will therefore always be the subject of special attention. The attainment of the aforementioned skill will be facilitated by the dialectical comparison of the students with the professor during the lessons.
4. Communication skills
- ability to express the legal principles acquired with proper language and in a clear and effective way.
To this end, oral interventions will be requested during the lessons, either by encouraging students to ask questions or by asking them questions.
5. Learning capacity
-Ability to carry out further study of the topics studied;
- ability to access to regulatory sources of law and to direct the research of the sources of law in relation to the studied topics;
- ability to research judgments and literature sources.
To this end, during the lessons the students will be asked to use the civil code and the complementary laws, and the theoretical exposition will be supplemented by references to judgments.
INTRODUCTION TO PRIVATE LAW
Legal system and reality; sources of law and their ordering criteria; private law and public law. Facts, legal effects, subjective situations and legal relationships; their dynamics. Interpretation of the law
SUBJECTS OF LAW
Individuals. Entities and legal entities.
Existential situations. Property rights situations and goods. Possessory situations. Credit and debt situations and their subjective changes. Non-fulfillment and compensation. Structure, characteristics, events and classifications of obligations. Liability and means of preservation of the patrimonial guarantee. Real and personal guarantee situations. Extinction of legal situations by prescription and decadence.
Tools of negotiating autonomy: legal transactions, contracts, agreements and conventions. Contract requirements. Formation of the contract and negotiations. Constraints to contractual autonomy; protection of the consumer and the weak entrepreneur. Contract pathology, recovery and conservation of the invalid contract. Effectiveness of the contract; the so-called principle of relativity, deferral, suspension and termination of the contract's effectiveness; events of the contract. Interpretation, execution, integration of contracts. Classifications of legal transactions and contracts. Non-financial content legal acts.
LEGAL FACTS’ PUBLICITY
Forms of publicity and functions. Transcription and registration: effectiveness and discipline.
Burden of proof and means of proof.
CIVIL LIABILITY AND UNLAWFUL ACT
Unlawful acts: definition, imputation, injustice of the damage, fault, proof. Special liability. Damage and compensation.
FAMILY AND PARENTAL RELATIONS
Family in different meanings and protection. Family relationships: marriage, kinship and affinity. Civil marriage, concordat and different cults: proceedings and invalidity. Personal and patrimonial relationships between spouses. Crisis of the marital relationship: separation and divorce.
SUCCESSIONS FOR CAUSE OF DEATH
General principles. Inheritance proceedings. Purchase and loss of inheritance and legacies. Succession provided by the law and testamentary succession; protection of the forced heirship. Co-ownership by heirs and non-co-ownership by heirs. Donation and atypical donations: general principles.
- INTRODUCTION OF THE COURSE AND INTRODUCTION TO PRIVATE LAW
- BASIC KNOWLEDGE AND FUNDAMENTAL PRINCIPLES
- LEGAL SUBJECTS
- LEGAL SITUATIONS
- PRIVATE AUTONOMY
- LEGAL FACTS’ PUBLICITY
- CIVIL LIABILITY AND THE UNLAWFUL ACT
- FAMILY AND PARENTAL RELATIONS
- SUCCESSIONS DUE TO DEATH
Lectures and availability of the teacher for personal discussion with individual students at the end of the lesson.
PIETRO PERLINGIERI, Istituzioni di Diritto Civile, Edizioni Scientifiche Italiane, Napoli, 2018, relatively the topics in the program.
The study of the items will be supported by reading the Italian Civil Code with the latest amendments.
The verification of the learning is divided into an oral test during which the student will have to answer a series of questions on heterogeneous subjects within the framework of the course.
To obtain the minimum score, the student must demonstrate the acquisition of:
1. Knowledge and understanding concerning:
- legal subjects
- legal situations: property rights, legal subjects; property situation and personal situation, warranties rights.
- private autonomy and contractual autonomy
- legal facts’ publicity
Knowledge and understanding, at least of the basic principles of:
- civil liability and unlawful act
- family relationships and successions due to death;
2. Ability to apply knowledge and understanding, as able to:
- to compare with the reference laws and to identify the interests that are at the base and make the most significant links between rules and arrangements;
- translate the theoretical rules into explanatory examples;
3. Autonomy of Judgment, as it is able to:
- identify problematic profiles concerning the institutions;
- set up legal arguments;
4. Communication skills, as able to:
- express themselves orally with language properties;
- use the technical-legal lexicon;
- express the concepts explained clearly;
5. Learning capacity, as able to:
- deepen the knowledge acquired through the consultation of judgments and literature specialized.
During the exam, the student may be asked to explain, after reading, articles of the civil code and / or some of the most significant complementary laws concerning the topics of the program and / or to comment parts of judgments.
The evaluation will take into account not only the accuracy of the answers but also, in order to assign scores higher than the minimum, of the completeness and clarity of the exposure and of the breadth and punctuality of the thematic links.
In order to reach a higher score, up to the maximum score, the exposure and punctuality of the thematic links, the dialectic ability and the awareness of the scope of the issues will be taken into account.