The objective of the teaching is to equip the student first of all with the knowledge of the basic principles of private law arrangements and also aims to promote the deepening of the most relevant issues, especially of a patrimonial nature. It is also aimed at raising awareness of the practical implications of the matter. The study of private law is also intended as an opportunity to make the student assimilate methodological mastery in studying in general.
Specific course objectives:
1. Knowledge and understanding
The course is aimed at making the student learn the most important profiles of the disciplines that regulate relationships of a private nature (especially those with a patrimonial content) and, in function of the achievement of a more complete awareness, to make him/her understand the logic underlying the legal arrangements and the problematic aspects involved in them, also in the light of the evolution of the literature, judicial decisions and the instances of practice.
2. Ability to apply knowledge and understanding
The course, starting from a clear illustration of the basic elements of the discipline, is characterized by a problematic approach and always careful to put the values and interests underlying the individual legal arrangements. In this way it aims to put the student in a position to know how to interpret the rules systematically and to know how to draw consequences on the application level. This with the intention of allowing him/her to apply theoretical learning in practice.
3. Autonomy of judgment
The course aims to equip the student with critical ability and autonomy of judgment such as to allow him/her to correctly set theoretical-practical cases, even beyond those specifically illustrated, and orient himself/herself in the relative solution. To this end, during the lessons, constant reference will be made to judicial decisions of particular relevance and a dialectical confrontation with the Professor will be constantly requested.
4. Communication skills
The course aims to make the student acquire the ability to express the legal notions learned with properties of language and clearly and effectively. To this end, during the lessons, students will be continually encouraged to discuss with the Professor and with each other, both on the topics covered by the current lesson, and on those connected to them and the object of previous lessons: this, by asking questions or expressing their own opinions. Also for this purpose, the comparison with the judicial decisions of particular importance is functional as, due to their relevance to the concrete events, certainly contribute to fuel the discussion on the state of the so-called living law. Oral exposure is also encouraged during the tutoring and the seminars, when the student is always asked to speak.
5. Learning skills
Through the continuous reference to the normative text and the constant comparison with judicial decisions and literature, the course is aimed at making the student also achieve the ability to carry out autonomous in-depth studies and research and to consult legal texts or follow specialized courses.
INTRODUCTION TO PRIVATE LAWThe legal system and social 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 law. SUBJECTS OF LAW Individuals. Entities and legal persons.
LEGAL SITUATIONSExistential situations. Property rights and assets. Possessory situations. Credit and debit situations and their subjective changes. Non-fulfilment and compensation. Structure, characteristics, events and classifications of the obligations. Patrimonial liability and means of preservation of the patrimonial guarantee. Real and personal guarantee situations. Extinction of legal situations by prescription and decadence.PRIVATE AUTONOMYTools of negotiation autonomy: arrangements, contracts, agreements and conventions. Contract requirements. Formation of the contract and negotiations. Constraints on contractual autonomy; consumer and weak entrepreneur protection. Contract pathology, recovery and conservation of the invalid contract. Effectiveness of the contract; the so-called principle of relativity, postponement, suspension and termination of contract's effectiveness; events of the contract. Interpretation, execution, integration of contracts. Classifications of legal transactions and contracts. Acts with non-patrimonial content.LEGAL FACTS’ PUBLICITY Forms of publicity and functions. Transcription and enrollment: effectiveness and discipline.PROOFSThe burden of proof and the means of proof.CIVIL LIABILITY AND UNLAWFUL ACTUnlawful acts: definition, imputation, undue damage, fault, proof. So-called special liability. Damage and compensation.FAMILY AND PARENTAL RELATIONSFamily in the different meanings and protection. Family relationships: marriage, kinship and affinity. Civil marriage, catholic marriage and marriage of different cults: proceedings and invalidity. Personal and property relations between spouses. Crisis in the marital relationship: separation and divorce. Civil unions and cohabitation.SUCCESSIONS BY CAUSE OF DEATHGeneral principles. Inheritance proceedings. Acquisition and loss of inheritance and legacies. Succession provided by the law and testamentary succession; protection of forced heirship. Co-ownership by heirs and non-co-ownership by heirs. Donation and other donations not regulated: general features.
Block 1. Basic knowledge and fundamental principles. The sources. Legal facts and legal effects. Subjective situations and legal relationships. (6 hours)
Block 2. Legal subjects: individuals and legal entities. (6 hours)
Block 3. Property rights and possessory situations. (9 hours)
Block 4. Credit and debit situations. Patrimonial liability. Real and personal situations of guarantee. (18 hours)
Block 5. Private autonomy (18 hours)
Block 6. legal facts’ publicity; proofs; (3 hours)
Block 7. Civil liability and unlawful act; (3 hours)
Block 8. Family and parental relationships; succession due to death; (9 hours)
Frontal lectures and seminar meetings, with constant reference to judicial decisions. The use of judicial decision and schemes in slide format is allowed through the University's online platforms. Availability of the Professor for personal comparison with individual students both during the lessons and at the end of the same.
PIETRO PERLINGIERI, Istituzioni di Diritto Civile, Edizioni Scientifiche Italiane, Naples, 2018, regarding the topics in the program.
The study of the exam must be accompanied and integrated by the reading of the civil code (and the complementary laws relating to the topics of the course).
An alternative book agreed with the Professor can be used.
The verification of learning consists of an oral interview, usually of about half an hour, during which the student will have to answer some questions on the topics covered by the teaching program. The test is aimed at verifying the degree of achievement of the learning outcomes of the teaching course. In this perspective:
1) Knowledge and understanding: the student will be required to present the notions learned orally, answering both general questions and detailed questions. The issues of property law will be privileged;
2) Ability to apply knowledge and understanding: during the exam, the student who has demonstrated knowledge of the basic notions will be asked to explain, after reading, articles of the civil code and/or some of the most significant complementary laws relating to topics of the course program and/or to comment on extracts from judicial decisions, illustrated during the course. This is in order to evaluate his/her hermeneutic capacity and his/her aptitude to transpose theoretical notions on the applicative level;
3) Autonomy of judgment: the student, in relation to some of the problematic profiles of the legal arrangements studied, is also required to formulate independent opinions to verify the argumentative ability and the ability to deal with the ever new problems that the law poses. Elementary use cases may also be submitted to him/her to assess his/her ability to problem solving;
4) Communication skills: the student is required to use the technical-legal language appropriately and to express himself/herself linearly also in the formulation of practical examples. This is in order to evaluate his/her ability to relate to both legals and people who are not experts in the field;
5) Learning skills: The student will have the opportunity to give an account of any insights that he/she has made.
At the end of the exame an evaluation out of thirty will be expressed.
To achieve the minimum score, the student must demonstrate knowledge and understanding of at least the basic notions of the legal arrangements.
To achieve a higher score, the student must prove that he/she has mastered the topics studied, that he/she knows how to make the most significant connections between the legal arrangements, and that he/she is able to deal with use cases.
The amount of the score will therefore depend on the level of achievement of the aforementioned learning outcomes.
The degree of clarity of the oral presentation will be taken into account in the evaluation.
Verification of learning may also be divided into one or more intermediate tests concerning specific parts of the program.