Course teached as: B031287 - DIRITTO CIVILE AVANZATO ED EUROPEO 5-years Single Cycle Degree in LAW
Teaching Language
The course is held in Italian language. However students are required to have a good knowledge of the English or French or German language in order to be able to study documents of the European Law.
Course Content
The cours aims at analysing some of the most relevant and current issues of the Civil Law (contracts, family and successions, liability, rights in rem) in order to complete, especially from a methodological point of view, students' civilistic background in a euro-unitarian prospective.
For attending students:
- notes of the lessions and study documents uploaded on the Moodle platform (decisions of Italian and European judges, schoolars' essayes, study materiales) and the handbook G. Vettori, Effettività tra legge e diritto, Milano, 2020 (chapter I)
- study documents uploaded on the Moodle platform (decisions of Italian and European judges, schoolars' essays, study materiales) and the handbook G. Vettori, Effettività tra legge e diritto, Milano, 2020
Learning Objectives
The course aims at offering students a critic overview of the most ongoing issues of the Civil Law in a European propective too, enhancing the acquisition of a tool-kit of knowledges and study methodologies and reasoning, suitable for students to critically analyze the solutions of schoolars and judges in such matter, as well as to solve complex legal cases.
Case-law approach and constant urge to debate about issues and judicial decisions aim at developing an autonomous reasoning capacity. Moreover, by-means of the analysis of the Italian and European case-law, the study of influential civil issues and the (individual or in-team) insight into some selected issues, the course has the ambition to provide an advance preparation in this matter, offering the instrument of knowledge and method suitable for a post univeristarian level of study, also with reference to the bar examination and public tenders.
Individual or in-team reports or papers will be an essential part of the course in order to acquire legal writing and legal research capacities.
Prerequisites
In order to attend the course, it is strongly raccomended having passed the exam of Civil Law.
Teaching Methods
The course provides a strong interaction between frontal didactics and innovative didactics. Thus students are required to actively join the course, also by-means of group activities, presentation of papers and debates. It will be preferred a case-law approach, though with particular attention to the theoretical and methodological implications.
There will be scheduled lessons held by professors of other universities, as well as by legal professionals (lawyers and notaries). It will also be enhanced students' participation to seminars, legal clinic and conferences.
Further information
Considering the clinical character of the course, it is strongly recommended to attend it
All students have to enroll by-means the Moodle platform within the first week of the semester.
The Moodle platform will be used during the course to have access to the detailed program of the lessons and to the didactic materials.
Type of Assessment
For attending students, their active participation to lessons and seminars, their knowledge of the issues of the course as well of the other didactic materials, together with the discussion of a final report will be object of constant evaluation.
For non attending students, the level of their preparation will be evaluated with reference to the handbook and the materials uploaded on the Moodle platform.
Course program
Issues of the course:
- the role of principles
- the civil code of 1942
- the general principles of the European Union (with particular regard to the principle of effectivity)
- conclusion and validity of contract on the basis of case-law
- the relationship between will and contract, with particular references to the Regulation 2012/650/EU and company succession
- family patrimonial issues