The course relates to: 1) the individual contracts, the usurious contract, the consumer contracts and the tourist, banking contract; 2) family law: marriage, the relationship between the spouses, the marital crisis, the state of child, parental responsibility, rights of the child, adoption, civil unions, cohabitation in fact, the reproductive medicine assisted; 3) the succession and donations.
It is recommended frequency. Anyone who is unable to attend can still enroll in the moodle platform and download the materials there.
1) One of the manuals listed below here, latest edition, for only the parts related to the contents of the course:
a) P. PERLINGIERI, Manuale di diritto civile, Esi (part four C. "Singoli contratti", part seven "Famiglia e rapporti parentali", part eight "Successioni per causa di morte");
b) A. TORRENTE-P. SCHLESINGER, Manuale di diritto privato, Giuffré ("I singoli contratti" chapter from XXXIX to L including, "I rapporti di famiglia" chapters from LXVI to LXXII including, "La successione per causa di morte" chapters from LXXIII to LXXX including);
c) V. ROPPO, Diritto privato, Giappichelli (chapters VII "I contratti", XII "La famiglia" e XIII "Successioni e donazioni";
You need a civil code, last edition. We recommend: A. Di Majo, Civil code, Giuffré, or G. De Nova, Civil code and related Laws, Zanichelli.
Learning Objectives
Knowledge of the institutions covered by the program in the context of the sources of domestic and supranational law and of the most recent guidelines of the jurisprudence also of the European Courts.
Acquisition of the ability to examine the structure, the effects, the reasons and the aims of each institute, to carry out the systematic and axiological interpretation in a wide and complex context of the sources.
Refinement of the legal terminology and the ability to synthesize the essential elements of the institutions and to compare the latter with the related ones.
Increasing the critical and constructive capacity to see the limits of a given discipline and to envisage interpretative solutions to a specific problem and to a specific request for protection.
The student will be able to critically examine the jurisprudential pronouncements and also to propose solutions to concrete problems presented by the teacher. This also for the purpose of a possible access to the profession of lawyer, notary or career as a magistrate or lawyer of the State.
Prerequisites
Constitutional law and private law I.
Teaching Methods
Lectures: 72 hours
The lesson is basically structured in two parts. The first will be exposed the institution in its basic features, trying to add as much as possible in a logical and comprehensive unified system. This is to highlight the value choices and the underlying principles that should guide the interpretation of the legal provision and application of the institute. The second part will be dedicated to a bit 'of space to some problematic aspects addressed in the case law, very active especially within the family. It will try to solicit the considerations of the students.
The teacher uses a new platform Moodle which will load slides and synthesis of various topics, prepared by the teacher in order to facilitate the preparation of the exam. You will be prompted to students enrolled to intervene in the same platform to respond to legal matters particularly debated, discussed in class. This in order to increase the student's critical capacity.
Type of Assessment
The exam is oral and aims to ascertain the knowledge of the institutions covered by the program, the ability to organize an organic and consequential response and to make links between institutions, where possible, as well as the ownership of language.
For attending students only, an optional intermediate written exam on individual contracts is scheduled in early April, aimed at eliminating this part of the program from the oral exam. The test consists of three questions and will be superseded by reporting the sufficiency to two of the three questions. It aims to ascertain the knowledge of individual contracts, the ability to write with a technical vocabulary and the ability to synthesize.
Course program
The course starts with the study of contracts, family law, inheritance law and donations.
In each of these areas we will focus more on some of the most topical and controversial issues such as consumer contracts and the tourist with particular reference to legislative decree no. 21/2014 which implemented Directive 2011/83 / EU on consumer rights and Directive 2014/17 EU on credit agreements for consumers relating to residential property, the contract usurious banking and compound interest; the reform of filiation 2012/2013, the evolution of the concept of family and marriage, the importance of homosexual unions and marriages contracted abroad, the issue of civil unions, negotiation assisted in separation and divorce, the cd “quick divorce”, property covered by the legal community and those who are excluded, the agreements concluded at the marital crisis, pacts of coexistence, medically assisted procreation, protection of the “legittimari”, the succession agreements, the pact for the family 'Company, the terms of continuation of the company with the heir and the movement of goods coming from a donation. The law known as "after us" to protect the disabled.
The course of these issues will have as reference sources in addition to specific legislation, including sectoral, the Constitution, the Convention for the Protection of Human Rights and Fundamental Freedoms, the Charter of Fundamental Rights of the European Union and European law.