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.
Course Content - Last names H-Z
Course Structure.
The Course focuses on the study of property rights (property, property rights, other property rights for guarantees); possession; family law; succession and gift;
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.
Text Books.
The students can use at their discretion, one of the following text books, for the sole portions referring to the program:F. ALCARO, Diritto Privato, Cedam, Padova, 2013;
G. ALPA, Manuale di diritto privato, Padova, ultima edizione;
F. GALGANO, Diritto Civile, Padova, ultima edizione;
E. ROPPO, Diritto Privato, Torino, ultima edizione
A.TRABUCCHI, Istituzioni diritto civile, Padova, ultima edizione
A.TORRENTE- P. SCHLESINGER, Manuale di diritto privato, Milano, ultima edizione,
P. ZATTI, Manuale di diritto civile, Padova, ultima edizione
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.
Learning Objectives - Last names H-Z
Knowledge.
Completion of the knowledge of the Private Law system, in particular to property, property law, possession, family law, succession and gifts, torts; organization of economic activities; competition law, principles concerning companies; the financial market and corporate law.
Skills:
a) ability to complete the adoption of the technical terminology used in Private Law and with this the ability to apply Private law methods, including with regard to the disciplines that are part of the program;
b) ability to complete the proper application of the Civil Code and of the other special laws;
c) ability to understand and use the principles and the links that compose the discipline studied in the second course and to combine them with those of the previous course;
d) refinement of the ability to use the acquired method to resolve legal issues
Prerequisites - Last names A-G
Constitutional law and private law I.
Prerequisites - Last names H-Z
To sit the exam students must have passed Private
Law I and Costitutional Law
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.
Teaching Methods - Last names H-Z
A Lectures for 48 hours The course takes place through lectures, exercises and seminars concerning the examination and discussion in the classroom of some case law cases. The reference to constitutional values and to the principles of Community law is constant. Students will be accessible through the moodle platform both the slides of some lessons and the judgments object of study.
Further information - Last names H-Z
Students wishing to attend the course must register through the Moodle platform within the first week of the lessons. Students who have applied for the passage of the course must register for the course through Moodle as soon as the authorization has been made known. The attendance of the students enrolled in the course will be recorded by roll call on a random basis. Students enrolled in the course are required to notify the teacher before the beginning of each lesson if they are absent. a maximum of 3 excuses will be allowed.
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.
Type of Assessment - Last names H-Z
Intermediate learning checks through the examination of some jurisprudential cases. The final exam is oral and aims to ascertain the knowledge acquired by the student, the ownership of language and the ability to grasp the systematic links between the institutes
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.
Course program - Last names H-Z
The Course aims to complete the knowledge of the Private Law system. The following topics are included in the program, and will be the subject of the non-mandatory simulations: property rights (property, property rights, other property rights to use and to guarantee); possession; family law; succession and gift