Sources of private law enforcement, interpretation and effectiveness of the law, subjective legal situations, the subject (individual and organizations), personal rights (in particular health, moral integrity and right to life), the fact, the act, prescription and decay, advertising and transcription, filiation and parental responsibility, obligations, privilege, pledge and mortgage, the contract in general, the individual contracts (notes), property (notes) and inheritance (notes).
The student will acquire one of the manuals, the latest edition of your choice to agree with the teacher, as laid down under section 1.
1) Manuals:
a) P. PERLINGIERI, Manuale di diritto civile, Esi (parte prima “Nozioni introduttive e principi fondamentali”: lettere B, C, D, E, G; parte seconda “Persone fisiche e persone giuridiche”: lettere A, B; parte terza “Situazioni giuridiche”: lettere A, D, E, F; parte quarta “Autonomia negoziale”: lettere A, E);
b) A. TORRENTE-P. SCHLESINGER, Manuale di diritto privato, Giuffré (chapter II “Il diritto privato e le sue fonti; chapter III “L’efficacia temporale delle leggi; chapter IV “L’applicazione e l’interpretazione della legge”; chapter VI “Le situazioni giuridiche soggettive”; chapter VII “Il soggetto del rapporto giuridico”, chapter IX “Il fatto, l’atto ed il negozio giuridico”; chapter X “L’influenza del tempo sulle vicende giuridiche”; chapter XVII “Il rapporto obbligatorio”; chapter XVIII “Gli elementi del rapporto obbligatorio”; chapter XIX “Modificazione dei soggetti del rapporto obbligatorio”; chapter XX “L’estinzione dell’obbligazione”; chapter XXI “L’inadempimento e la mora”; chapter XXII “La responsabilità patrimoniale del debitore; chapter XXIII “Le cause legittime di prelazione”; chapter XXIV “I mezzi di conservazione della garanzia patrimoniale”; “I contratti in generale” (from chapter XXV “Il contratto” to chapter XXXVIII “La rescissione e la risoluzione del contratto).
It should adopt a Code Civil latest edition, containing the treaties and additional rules. We recommend: A. Di Majo, Codice civile, Giuffre, or G. De Nova, Codice civile e leggi collegate, Zanichelli.
Learning Objectives
Knowledge of the fundamental features of the areas of private law and acquisition of a technical language.
Knowledge of the complexity and heterogeneity of the system of sources of private law.
The learning of the legal vocabulary and the development of the ability to synthesize the essential elements of the institutions and the motivation of the sentences will be promoted. This also in order to develop a certain communication skills, which depends above all on the organization of the discourse.
We will try to sharpen the ability to make connections, to compare different institutions, favoring the development of critical and constructive capacity to see the limits and merits of a hermeneutical solution (doctrinal or jurisprudential) or a legal discipline.
Students will learn the different interpretative techniques such as: interpretation in accordance with the Constitution or the European or international source, the disregard of the ordinary state law, the preliminary reference to the Court of Justice and, even more, the "intersystemic integration" between the legal system national and European legislation.
All this also for the purpose of a possible access to the profession of lawyer, notary or career as a magistrate or a lawyer of the State.
Prerequisites
No requirement.
Teaching Methods
Frontal teaching lessons: 72 hours.
From April, 10 additional hours of lessons will be activated in order to acquire knowledge, albeit synthetic, of the subjects of possession, of real rights and of succession mortis causa.
The lesson is basically structured in two parts. In the first one the institute will be exposed in its fundamental features, trying to insert it as much as possible in a broad and unitary system logic. This in order to grasp the value choices and basic principles of the subject matter; values and principles that must always guide the interpretation of the legal provision and the application of the institution. In the second part attention will be given to some particularly significant profiles addressed by jurisprudence and discussed by the doctrine. We will try to solicit the considerations of the students, who, in order to be able to speak with the teacher, will have to study specific topics indicated by the teacher before the lesson.
The teacher uses the Moodle E-learning platform, which will load slides, materials and synthesis of different topics covered in class, in order to facilitate and enrich the preparation of the exam. Students enrolled in the platform will be asked to intervene directly in the same through the function "activity" to practice writing (which the lawyer must have absolute mastery) and carry out considerations on particularly debated legal issues, addressed in class. This in order to sharpen the student's reasoning and criticism skills.
Type of Assessment
The exam is oral and aims to ascertain the knowledge of the institutions covered by the program, the ownership of language, the ability to organize an organic and consequential response and to make links with related institutions. 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.
There is a written optional intermediate test that breaks down the part of the program concerning the sources of law, the interpretation of the law, the subjective legal situations, the fact, the act, the contract, persons and personal rights. The written test is aimed at ascertaining the ability to write with a technical vocabulary and is surpassed if sufficient answers are given to two of the three questions. Voting will not make mathematical average with the grade obtained in the oral test.
Course program
The course allows you to discover a part of the legal system privatized. In the lessons we will explain the basics, the essentials of the institutions and the and the most pressing problems that emerged in the case law. Particular attention, in order to discuss it in the classroom and e-learning platform, will be given to those judicial decisions that have profoundly innovated to private law.
After discussing the issues of sources of law, the interpretation (with a special emphasis to overcoming the analog method or typology, the application of the principles and values and the “crisi della fattispecie” so it expresses the doctrine Italian), the techniques of legal (especially those Community law), the fact, act, will address primarily the issue of individuals, focusing on the incapables and on institution called “amministrazione di sostegno” which overturned the idea of protecting vulnerable people on the basis of the German model.
Some lessons will be dedicated to the reform of filiation 2012/2013 which innovations to the legal system and to law no. 76/2016 on civil unions and on coexistence of fact
Thereafter will be treated as obligations and especially: the elements of the mandatory relationship, non-performance and the delay in settlement, change of parties of the obligatory relationship, ways of terminating the obligation, the responsibility of the debtor (withI sign the law on over-indebtedness) and causes legitimate preemption.
Adequate space will be reserved for the contract in general and more specifically to the following issues: essential and accidental elements, modes of conclusion of the contract, interpretation and effect of the contract, representation, contract in favor of third, simulation, nullity and annulment of the contract (with particular attention to the issue of “rescissione” and the usury). It will give account of the case law on the relief officious of nullity of the contract, the reducibility of the deposit, tort action in defense of a bargaining position harmed by an unlawful manner, the pre-contractual liability and termination of the contract.
There will be signs of some individual contracts.
Carrying out all the 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 (ECHR), the Charter of Fundamental Rights of the European Union, European law and the jurisprudence of the Court of Justice and the Court of Human Rights.