B000197 - CIVIL LAW II

Italian

The course relates to: 1) the right to family: marriage, the relationship between the spouses, the marital crisis, the state of child, adoption and the rights of cohabiting; 2) successions and donations mortis causa; 3) individual contracts with nods to consumer contracts and the tourist.

It is recommended to attend the course, but the student will prepare one of the manuals listed below, latest edition, for only the parts related to the contents of the course: P. PERLINGIERI, Manuale di diritto civile, Napoli, Esi (parte quarta C. “Singoli contratti”, parte settima “Famiglia e rapporti parentali”, parte ottava “Successioni per causa di morte”); A. TORRENTE-P. SCHLESINGER, Manuale di diritto privato, Milano, Giuffré (“I singoli contratti” capitoli da XXXIX a L compreso, “I rapporti di famiglia” capitoli da LXVI a LXXII compreso, “La successione per causa di morte” capitoli da LXXIII a LXXX compreso); V. ROPPO, Diritto privato, Torino, Giappichelli (capitoli VII “I contratti”, XII “La famiglia” e XIII “Successioni e donazioni”; R. CALVO-A. CIATTI, Diritto privato, Bologna, Zanichelli (capitoli VII “I singoli contratti”, X “La famiglia”, XI “Le donazioni” e XII “Le successioni a causa di morte”).


For an overview on consumer contracts and the tourist, the student must print the materials included on the e-learning platform.

It should adopt a Code civil updated. We recommend: A. Di Majo, the Civil Code, Giuffre, or G. De Nova, the Civil Code and related laws, Zanichelli.

Knowledge of the legal framework of the institutions that characterize the areas analyzed in the context of the sources of law and supranational (Article 117 of the Constitution) and the most recent guidelines of the case law of the European Courts also.

Improvement of the legal method that winds through the examination of the structure, the effects, of the reason and purpose of each institute. Method that enhances especially the systematic interpretation and axiological in a large and complex sources, where the only law is no longer enough to follow the rapid evolution of society and the possibility hatched by scientific and technological developments.

Refinement of legal terminology and the ability to synthesize the essential elements of the institutes and to compare them with those related.

Sharpen critical and constructive ability to discern the limits of a particular discipline and to propose solutions to a specific problem of interpretation or an application for protection.

Having passed under private law I.

Lessons for classroom teaching: 40 hours.

Each lesson is structured basically in two parts. The first will be exposed to the institute in its basic features, trying to insert it as much as possible in a wider unitary logic of the system. This is in order to grasp the value choices and the underlying principles that should guide the interpretation of the legal provision and application of the institute. In the second part, ample space will be devoted to some problematic aspects dealt with by the law, which, especially in family matters, has helped to create new law. In this second part of the lesson you will try, as far as feasible, to solicit the considerations of the students.

It will be organized in parallel to the course, an optional exercise weekly duration of 1 hour and a half, to deepen and broaden the topics covered in class in a more relaxed dialogue with the teacher.

Oral exam. Only for students attending is expected in mid-course, a written test that eliminates an optional part of the program

The course is designed to provide students with an overview of family law, the law of succession due to death and on individual contracts. In each of these areas, however, we will focus more, even in the optional exercises, some of the most topical and controversial issues such as the recent reform of filiation, the evolution of the concept of family and marriage, the importance of same-sex unions and marriages contracted abroad, the goods covered by the legal community and those who are excluded, the agreements concluded during the marital crisis, the agreements of coexistence, medically assisted procreation and the protection of heirs, mutual wills, the family pact, the movement of goods sourced donativa, contracts and consumer tourists with particular reference to the legislative decree n. 21/2014, which implemented Directive 2011/83/EU on Consumer Rights and Directive 2014/17/UE on credit agreements for consumers relating to residential property.

The execution of these issues will have as reference sources in addition to the specific regulations, including 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 that, beyond the regulations and directives, case law has markedly traits