The course concerns hot topics on Successions law and Family law with particular regard to private autonomy in case of international successions. A specific module will be dedicated to "Patrimonial Issues in International Succession Law" under the European Jean Monnet Programme. Specific classes on adoptions law will be held by dott. Marco Rizzuti.
For attending students: papers, slides, cases on moodle.
For not attending students:
- Bonilini Manuale di diritto ereditario e delle donazioni, UTET, 2018 capitolo I (solo pp. 24-41), capitolo VII e capitolo IX
- Bonilini, Manuale di diritto di famiglia, Utet 2018 capitolo decimo
-documents on moodle platform
Learning Objectives
Knowledge: discipline of Italian Family and Successions Law, also with regard to the historical background and to the European context.
Skill: critical approach to legal problems involving multiple juridical opinions.
Proficiency: interpretation of normative texts, using a correct legal argumentation method.
Prerequisites
Diritto costituzionale generale, Diritto privato I.
Teaching Methods
Traditional lectures: 48 hrs. Attendance is suggested in the student's own interest.
The students will be invited in writing on specific cases presented during classes. The interaction with students will be guaranteed through the use of Moodle platform in modality flipped teaching.
Seminars of notaries and lawyers are provided during the course in order to introduce the world of legal professions to students.
About the PI_IS Jean Monnet module, it is oriented to provide law students, PHD candidates and legal practitioners with the skills that they are needed to understand main issues linked to migrant families in order to handle them adequately from a legal point of view. This is to reduce conflicts both at a legal level, through the promotion of the ADR methods, and at a cultural level, fostering integration and contrasting radicalization. Therefore, the planned training activities will involve not only judicial experts but also professional cultural mediators, while different tools will be used in order to blend more than one learning method, using not only traditional didactic lecturing but also practical workshops, learning by doing, simulations and role-plays in the context of an innovative cross-professional training programme, attended by both notaries and lawyers as well as by judges and academics in a small percentage.
Each training event will have a practical oriented focus and the interactive participation of the audience will be encouraged also through the previous publications of some relevant cases and questions (around 2 per lesson) to be dealt with in the forthcoming lesson. After each class the interventions and the questions of participants will be collected and elaborated in specific reports to be published on the moodle platform. The audience of each class will be involved in a satisfaction survey and then in an impact survey, through anonymous questionnaires compliant with privacy rules, whose answers will be elaborated in a brief analysis. Both the seminar’s report and the questionnaires’ analysis will be publicized in project website.
Further information
Erasmus students can attend the course in English on moodle by participating in discussion groups during the course on the dates indicated on moodle and by writing a paper in English.
The course includes theoretical / practical seminars held by notaries and lawyers.
Part of the course is aimed at implementing the educational project "Patrimonial issues in international succession law" (PI_IS) within the Eupean Jean Monnet program as described in the contents and methodology in the program.
Type of Assessment
Oral exam (in English when requested by students), in order to verify the progress from an elementary level, also with regard to case-law. Intermediate tests for attending students, with regard to the first part of the program may contribute, at discretion of the single student, to the final evaluation together with the elearning activities during the course.
The final evaluation will be sufficient if the student proves to have learned the basic concepts of the private law system and if no gross errors or serious gaps emerge.
Descriptive knowledge, more or less extensive but without critical analysis or enunciation of jurisprudential principles or coordination between institutions, will determine a sufficient evaluation but hardly higher than 24/30.
The evaluation will be excellent if the student answers fully, giving an account of systemic knowledge with reference also to the relevant jurisprudence.
Course program
In the current postmodern society also the right of family and succession is pervaded by a renewed focus on private autonomy in the light of the principle of subsidiarity.
The course concerns hot topics on Succession law and Family law with particular regard to private autonomy in case of international successions: (i) international successions; (ii) European Succession Certificate also with regard to Banks and Insurance; (iii) habitual residence in the present situation having regard to the impact of smart working.
A specific module will be dedicated to "Patrimonial Issues in International Succession Law" under the European Jean Monnet Programme. PI_IS aims at promoting the acquaintance of Eu Regulations in Family and Successions Law matters, fostering the dialogue between the academia and the world of professionals. The object of the PI_IS’s teaching modules will be cases involving the application of the Regulations 650/2012, 1103/2016 and 1104/2016 having regard to emerging patrimonial issues and new form of digital wealth.
PI_IS will improve innovative teaching tools: flipped teaching tools using e-learning platform and legal clinics.
Professors of the University of Florence (UNIFI) (Eu Processual law, Family Law, Private Law) and of other foreign Universities will be involved.
The project builds on the results achieved so far by two projects coordinated by Professor Landini GoInEU (Governing Inheritance Statutes after the Entry into Force of EU Succession Regulation) and GoInEUPlus, which deal with the study of the application of Regulations 650/2012 and 1103-1104 / 2016.
The Program and the methodology of the Module will be the following:
Frontal classes
(i) international successions; (ii) European Succession Certificate also with regard to Banks and Insurance; (iii) habitual residence in the present situation having regard to the impact of smart working.
E-learning
Concrete cases on the above-mentioned topics will be proposed through the platform to the students who will have to work also in groups of 2-3 people. The results will be discussed in the classroom.
Mediation Clinic
Simulation of a Mediation procedure on the above mentioned cases with the participation of Lawyers.
Simulation on the drafting of a testament with the participation of a Notary
Seminars, opened to the participation of legal professionals, about:
i) European Succession Certificate also with regard to Banks and Insurance; (ii) habitual residence in the present situation having regard to the impact of smart working.
In the Adoption Law module (16 hours of lessons), after an introductive part concerning the basic concepts and the evolution of the legal framework, some outstanding discussed issues with practical relevance will be taken into consideration, having also regard to the relevant contribution of domestic as well as European case-law.
In particular the module will focus on: adoptions and emerging family models, from the protection of social parenthood in de facto cohabitations to the judicial framing of stepparent adoption in same-sex couples; the issue of if and how to recognize adoption by a single; the perspective of open adoption and the problem of “multi-parenthood”; the adoptee’s rights to know about his/her genetic origins; the debate on the so-called adoption of abandoned embryos; adoptions in a multicultural society, from the protection of foreign unaccompanied minors to the discussed issue of if and how to recognize kafala.
The content of this document represents the views of the Project partners only and is their sole responsibility. The European Commission does not accept any responsibility for use that may be made of the information it contains.