The course is designed to offer a comprehensive introduction to the fundamentals of Italian private law.
After a brief discussion of the main legal principles and the relevant sources of law, the course deals with several issues related to the law of property and contract.
We suggest one of the following books:
- A. TORRENTE-P. SCHLESINGER, Manuale di diritto privato, Giuffré, ult. ed.;
- G. ALPA, Manuale di diritto privato, Cedam, ult. ed.;
- P. PERLINGIERI, Manuale di diritto civile, Esi, ult. ed;
- E. ROPPO, Diritto Privato, Giappichelli, ult. ed.
The program includes the entire manual, apart from singoli contratti, famiglia, successioni e donazioni, responsabilità da fatto illecito
You need to make reference also to the materials you can find on the e-learning platform.
It is strongly suggested the use of a uncomtented civil code.
Learning Objectives
The course is designed to offer a comprehensive introduction to the fundamentals of Italian private law, within the Italian legal system - the Constitution - EU and EC Treaties - Community legislation - the Civil Code - statutes and regulations - the role of courts and legal scholars.
Skills:
a) ability to adopt the appropriate technical terminology of private law and to use the method of legal reasoning as an essential basis of the approach to law;
b) ability to properly use the Civil Code and other special regulations and to start correlating them with the sources of European law;
c) ability to grasp the principles and connections that organize the main private law institutions in an articulated system;
d) ability, within the limits of the knowledge and skills acquired, to apply the learned reasoning for the solution of legal problems.
Prerequisites
Capacity to read Italian complex books
Teaching Methods
Blended modality.
During the lessons the topics will be drawn not only on a theoretical level, but with references to casuistry and practice. Seminars of experts in the subject will be held during class time.
Further information
.
Type of Assessment
Oral exams. Attendig students can take a written proof during the course
Course program
General introduction: the notions of "legal rule" and "legal system " - a comparative approach to legal systems:
Natural persons and legal entities -rights and remedies - the enforcement of rights and other protected interests in court - the procedural perspective - limitation of action.
Topics in the law of property: ownership and possession - basic elements.
Topics in the law of obligations: sources - performance - default - excuses - liability - remedies.
Topics in the law of contracts: enforceability of promises- the notion of agreement -nominate and innominate contracts - requisites of the contract - contract formation: offer and acceptance -pre-contractual duty to inform- liability for breaking off negotiations - contract interpretation (construction) - default rules and mandatory rules - invalidity - performance -breach- excuses - termination - remedies - the Principles of European Contract Law (PECL).