Topics: 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 and the individual contracts (notes).
The course attendance is compulsory
The student will acquire one of the manuals, the latest edition of your choice, as laid down under section 1 and the volume referred to in point 2.
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).
c) V. ROPPO, Diritto privato, Giappichelli (I-3; II-4-5-6-9; III-10-11-12-13; V-22-23-24-25-26-27; VI-28-29-30-31-32-33-34-35-36-37, respectively “Il diritto”, “I diritti”, “I soggetti”, “Le obbligazioni”, “Il contratto”.
2) A. GORGONI, Filiazione e responsabilità genitoriale, in publication.
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 complexity and heterogeneity of the system of sources of law and learning different techniques of interpretation. Competition from constitutional sources, European, international, primary, secondary and tertiary (or extra ordinem), on the one hand, and the proliferation of special legislation and sectoral codes, on the other hand, demands to seize new techniques of interpretation to be applied to the case. Techniques such as the interpretation conforms to European source, the setting aside of the ordinary state law, the reference to the Court of Justice and, even more, the '' cross-system integration "between national law and European order.
Acquisition of the study method that winds through the examination of the structure, and the effects of the reasons and purpose of each institute.
Promote learning of the legal lexicon, develop the ability to synthesize the essential elements of the institutions and to establish a comparison with similar institutions.
Sharpen the ability to make connections and to compare institutions. Develop critical thinking and constructive to see the limits and benefits of a solution interpretation or a legal discipline.
Prerequisites
No prerequisite.
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 identify the choices of value and principles underlying the subject matter; values and principles that should always guide the interpretation of the legal provision and the application of the institute. In the second part will be devoted attention to some particularly significant profile faced by the courts and discussed by the doctrine. It will try to solicit the considerations of the students, who, in order to converse with the teacher, they have to study specific topics before class.
The teacher uses the new E-learning platform Moodle, which will be loaded slide and synthesis of different topics discussed in class, in order to facilitate the preparation of the exam. You will be prompted to students enrolled to intervene directly in the same platform to answer on legal issues particularly debated, discussed in class.
The interventions, assessed by the teacher, will also be considered in the final evaluation.
Type of Assessment
The exam is oral and aims to verify the knowledge of the institutions covered by the program, the ability to organize an organic response and making connections, where possible, as well as the properties of language.
As optional is a midterm written that eliminates the part of the program relating to the sources of law, the interpretation of the law, the subjective legal situations, the legal fact, legal act, individuals and legal entities.
Consideration will be given to the oral interventions that the teacher will require the student to make the E-learning platform Moodle.
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.
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 usury.
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.