Course teached as: - DIRITTO PRIVATO II 5-years Single Cycle Degree in LAW
Teaching Language - Last names A-G
Italian
Course Content - Last names A-G
The course covers: 1) property, other real rights, communion, condominium, possession; 2) family law: marriage, relationship between spouses, marital crisis, filiation and parental responsibility, rights of the child, adoption (the role of social workers), civil unions, cohabitation of deeds, medically assisted procreation; 3) successions mortis causa and donations.
Attendance is recommended and only those enrolled in the moodle platform are considered attending students. The attendant will take the exam especially on the program followed in class and developed on the platform. He will also prepare himself on one of the manuals listed in point A) and on the volume reported in point B) in the parts indicated by the teacher in the platform.
The non-attending student, on the other hand, will prepare for one of the manuals indicated below under point A) only for the parts concerning the course contents and the book indicated in point B):
A) Manuals:
a) P. PERLINGIERI, Manuale di diritto civile, Esi, parte terza “Situazioni giuridiche (lett. B, C, D), parte settima "Famiglia e rapporti parentali", parte ottava "Successioni per causa di morte" e parte quarta let. C punto e “Contratti a titolo gratuito e liberalità”;
b) A. TORRENTE-P. SCHLESINGER, Manuale di diritto privato, Giuffré "I diritti reali”, “I diritti reali di godimento”, “La comunione e il condominio”, “Il possesso”, I rapporti di famiglia" (tutti i capitoli), "La successione per causa di morte" (tutti i capitoli compresa la donazione);
c) V. ROPPO, Diritto privato, Torino, Giappichelli (capitoli IV “I diritti sulle cose” (14-21), XII "La famiglia" (62-65) e XIII "Successioni e donazioni" (66-70).
B) A. Gorgoni, La filizione Giappichelli, 2018 (available from the second half of September).
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 - Last names A-G
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, social worker or career as a magistrate or lawyer of the State.
Prerequisites - Last names A-G
Constitutional law and private law I.
Teaching Methods - Last names A-G
Lectures: 48 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 - Last names A-G
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.
Three questions will be addressed to the student that move from a general theme and which, however, require to face in the answer the most important aspects of detail.
Course program - Last names A-G
Property, other real rights, communion, condominium and possession, family law, succession law and donations.
In each of these areas we will focus more on some of the most current and controversial issues concerning: the expropriation of property, servitude and condominium in the light of the reform law, the reform of the filiation 2012/2013, the adoption and the law on affective continuity, the evolution of the concept of family and marriage, the maintenance and divorce allowance, civil unions, de facto cohabitation, marriages contracted abroad, filiation set up abroad, negotiation assisted in separation and divorce, the cd short divorce, legal communion, agreements concluded on the occasion of the marital crisis and premarital agreements, cohabitation agreements, medically assisted procreation, the protection of the legitimaries, the successor pacts, the family pact for the enterprise, the clauses continuation of the company with the heir, the circulation of goods of donative origin, the law known as "After us" to protect the disabled.
The development of these issues will have as sources of reference in addition to the specific legislation, including the sector, 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.