The course covers: sources of law, interpretation and legal subjective situations; prescription and lapse; natural and legal persons; personality rights; assets, property, rights in rem, possession; evidence and public registers; obligations; patrimonial liability; contract; other sources of obligations; tort liability; families, successions and donations.
Course Content - Part C
The course is ideally divided into two blocks of lessons: a first general part devoted to fundamental notions, legal sources (including cognition, and how to research them), subjective juridical situations, subjects and their abilities, legal acts and facts, property, and a second part where the mandatory relationship, the contract and the unlawful act are more specifically considered.
Course Content - Part D
The course deals with the concept of legal norm , its interpretation and in particular the rules system governing private subjects: family relationships and patrimonial relationships; their source , life and extinction.
L. Nivarra, V. Ricciuto, C. Scognamiglio, Diritto Provato, Giappichelli, Torino, 2016, pp. XXVI-1022
Learning Objectives - Part B
Knowledge:
- to provide the notions and concepts for an initial knowledge of the private law system in Italy, having as fundamental textual references the Constitution, the Treaties of the European Union and the Civil Code accompanied by the main complementary laws, and among these the Consumer Code;
- with particular reference to the sources of private law, the interpretation of the legal norm, the subjective legal situations and to the rules concerning the main private legal institutions.
Skills:
a) ability to adopt the appropriate technical terminology of private law and to use the method of conceptualization of legal reasoning as an essential basis of the approach to private law;
b) ability to appropriately use the Civil Code and other regulations and to begin to correlate it with the sources of European law;
c) ability to grasp the principles and connections that organize the main private law institutions in a structured system;
d) ability, within the limits of the acquired knowledge and skills, to apply the acquired methods for the solution of concrete legal problems.
Learning Objectives - Part C
The course aims to make the student acquainted with the basic and typical profiles of the Italian Private Law system. A special attention is given, in particular, to the sources, to the fundamental notions of private law (subjects, goods, acts and legal facts, subjective legal situations), in order to provide students with the essential tools that are needed to understand the specific regulations. Therefore, a special emphasis is given to deepen the structure and content of the mandatory relationship, contract and other sources of obligation (basic knowledge). Contemporarily, the course aims to make the student more acquainted with the technical-juridical language alongside with the basic elements of ability - which must be refined throughout the entire training course - to read, understand and interpret normative texts, especially with reference to the codified and legislative sources that represents a privileged working tool (basic skills).
Learning Objectives - Part D
The course aims introducing the language and rules of italian private law in the european and global context. It convers ex professo the following topics: rules and interpretation;natural and legal persons;family; the right of ownership and property interest ; possession; obligations and contract; torts : liability, Injury and damage; Entrepreneurs and economic initiative: basic notions; Succession upon death: basic notions.
Prerequisites - Part B
Good knowledge of the Italian language; adequate logical capacities; sufficient attitudes to learning and reasoning.
Prerequisites - Part C
Good knowledge of the Italian language and control of adequate logical capacities and sufficient attitudes to learn and reason.
Teaching Methods - Part B
Lectures for 54 hours. The course takes place through lectures, exercises and seminars. The reference to constitutional values and to the principles of EU law is constant. Particular attention is devoted to the examination of case-law. Attending students will be able to access the slides of some lessons (through the moodle platform) while the analyzed judicial decisions will be distributed.
Teaching Methods - Part C
Because the study of Private Law requires mastery of its core rules, it is required that students, even in the individual study, focus both on reading and studying the manual, and also on a constant and careful consultation of the Italian Civil Code and the main special Private Law rules in force. Therefore, both for course's attendance and for exam's preparation, it is fundamental to have the text of the Civil Code (with the Constitution, the EU Treaties and the principal special laws) in any of the editions present in the market as long as it is up to date.
Further information - Part B
The teachers can be contacted also through their e-mail: simona.viciani@unifi.it and marco.rizzuti@unifi.it
Further information - Part C
N.A.
Type of Assessment - Part B
Attendance to the course is compulsory. A written test for optional self-assessment is held mid-course: the test is divided into thirty multiple-choice questions on topics covered during the lessons; you must answer eighteen questions sufficiently to pass the test. The profit exam is oral and is the same and mandatory for all students. The criteria used for the assessment of the examination are functional to ascertain the knowledge acquired by the student, the ability to grasp the systematic links between the institutions and the communicative skills.
Type of Assessment - Part C
The exam is conducted exclusively in oral form and consists of a series of 2-3 questions on the various subjects to which the course is devoted. The scope is to verify the soundness and completeness of the student's preparation, as well as his/her ability to reason by means of the legal notions acquired.
The exam is passed just if it is demonstrated the acquisition of a mastery of the private language.
Type of Assessment - Part D
The final exam is an oral examination.
Written assessment of the basics is provided by a multiple choice questionnaire .
Course program - Part B
The course aims at providing the basic concepts for an initial knowledge of the private law system. The subjects of the lessons will be: sources of law, interpretation of the legal norm, legal subjective situations; prescription and lapse; natural and legal persons; personality rights; assets, property, rights in rem, possession; evidence and public registers; obligations, patrimonial liability; general and special discipline of contracts; other sources of obligations; tort liability; families, successions and donations.
Course program - Part C
The content of the course is as follows: Private law and public law - Partitions of private law - The sources of private law: in particular, the civil code - The interpretation and application of the law - The legal relationship and its affairs - Actual and passive subjective legal situations - Prescription and declines -
Subjects - Physical person - Legal capacity and ability to act - Invalids (total and partial) legal and natural inability - Collective bodies - Legal persons - Non-legal entities - Non-profit entities - Goods - Relevance, fruits, universals - Assets - Absolute rights - Personality rights - Real rights - Real rights of enjoyment and guarantee - Property and possession - Minor real rights - Facts and Legal acts - categories of legal acts - legal deal - contract - manifestation of will - form and advertising - representation - judicial protection of rights and evidence of legal facts - mandatory relationship - subjects, content And the subject of the mandatory relationship - Changes of the active and passive subject of the mandatory relationship - Performance of the obligation - The ways of extinguishing the obligation other than performance.
Obligation and default of debtor - Liability of the debtor - Legitimate reasons for pre-emption: privileges, pledges and mortgages - Assets held by the guarantor - Contract in general - Classifications and categories - The agreement - The case - Subject matter and content - Form - Termination of contract - Pre-contractual liability - Contracts for membership and harassment clauses -
The effects of the contract between the parties - Contracts effective and compulsory - Effect of the contract with third parties - Contract for third parties - Representation - Proxy and mandate - Nullity and annulment of the contract
- Termination of the contract - Termination of the contract for failure to fulfill obligations, due to unavailability and excessive onerousness - Individual contractual types - Typical and atypical contracts - The category of "consumer contracts" - The sale - The contract - La Leasing - Illegality - Unilateral promises - Business management - Unpaid payment - Unjustified enrichment - Company and company - Right of succession - Donation.