The course relates to: 1) the individual contracts, the usurious contract, the consumer contracts and the tourist; 2) family law: marriage, the relationship between the spouses, the marital crisis, the state of child, parental responsibility, rights of the child, adoption, civil unions, cohabitation in fact, the reproductive medicine assisted; 3) the succession and donations.
1) one of the manuals listed below here, latest edition, for only the parts related to the contents of the course, plus the manual referred to in point 2:
a) P. PERLINGIERI, Manuale di diritto civile, Esi (part four C. "Singoli contratti", part seven "Famiglia e rapporti parentali", part eight "Successioni per causa di morte");
b) A. TORRENTE-P. SCHLESINGER, Manuale di diritto privato, Giuffré ("I singoli contratti" chapter from XXXIX to L including, "I rapporti di famiglia" chapters from LXVI to LXXII including, "La successione per causa di morte" chapters from LXXIII to LXXX including);
c) V. ROPPO, Diritto privato, Giappichelli (chapters VII "I contratti", XII "La famiglia" e XIII "Successioni e donazioni";
d) R. CALVO-A. CIATTI, Diritto privato, Bologna, Zanichelli (chapters VII "I singoli contratti", X "La famiglia", XI "Le donazioni" e XII "Le successioni a causa di morte");
2) A. Gorgoni, Filiazione e responsabilità genitoriale, in publication.
Program for students not attending.
1) one of the manuals listed below here, latest edition, for only the parts related to the contents of the course, more the writing of point 2 and the manual referred to in point 3:
a) P. PERLINGIERI, Manuale di diritto civile, Esi (part four C. "Singoli contratti", part seven "Famiglia e rapporti parentali", part eight "Successioni per causa di morte");
b) A. TORRENTE-P. SCHLESINGER, Manuale di diritto privato, Giuffré ("I singoli contratti" chapter from XXXIX to L including, "I rapporti di famiglia" chapters from LXVI to LXXII including, "La successione per causa di morte" chapters from LXXIII to LXXX including);
c) V. ROPPO, Diritto privato, Giappichelli (chapters VII "I contratti", XII "La famiglia" e XIII "Successioni e donazioni";
d) R. CALVO-A. CIATTI, Diritto privato, Bologna, Zanichelli (chapters VII "I singoli contratti", X "La famiglia", XI "Le donazioni" e XII "Le successioni a causa di morte");
2) V. Roppo, "Regolazione del mercato e protezione dei contraenti deboli" (pp. 847-874), based on the volume of V. Roppo, Il contratto, Giuffrè, 2011.
3) A. Gorgoni, Filiazione e responsabilità genitoriale, in publication.
Learning Objectives
Knowledge of the topics covered by the program in the context of the sources of law and supranational (art. 117 Const.) and the most recent trends of the jurisprudence of the European Courts also.
Gaining the ability to examine the structure, the effects, the reasons and purpose of each institute. Knowing how to use the systematic interpretation focused on values in a large and complex sources of law, where the only law is no longer enough to follow the rapid evolution of society and the possibilities opened up by scientific and technological developments.
Refinement of the legal terminology and the ability to synthesize the essential elements of the institutes and to compare them with similar ones.
Sharpen critical thinking and constructive to see the limits of a given discipline and to propose solutions to a specific problem of interpretation and a specific instance of protection.
Prerequisites
Private law I.
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 highlight the value choices and the underlying principles that should guide the interpretation of the legal provision and application of the institute. The second part will be dedicated to a bit 'of space to some problematic aspects addressed in the case law, very active especially within the family. It will try to solicit the considerations of the students.
The teacher uses a new platform Moodle which will load slides and synthesis of various topics, prepared by the teacher in order to facilitate the preparation of the exam. You will be prompted to students enrolled to intervene in the same platform to respond to legal matters particularly debated, discussed in class. Interventions in Moodle will be assessed and taken into account in the final exam.
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.
Exclusively for students attending, as optional, 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 also that the teacher will require the student to make the E-learning platform Moodle.
Course program
The course starts with the study of contracts, family law, inheritance law and donations.
In each of these areas we will focus more on some of the most topical and controversial issues such as consumer contracts and the tourist with particular reference to legislative decree no. 21/2014 which implemented Directive 2011/83 / EU on consumer rights and Directive 2014/17 EU on credit agreements for consumers relating to residential property, the contract usurious banking and compound interest; the reform of filiation 2012/2013, the evolution of the concept of family and marriage, the importance of homosexual unions and marriages contracted abroad, the issue of civil unions, negotiation assisted in separation and divorce, the cd “quick divorce”, property covered by the legal community and those who are excluded, the agreements concluded at the marital crisis, pacts of coexistence, medically assisted procreation, protection of the “legittimari”, the succession agreements, the pact for the family 'Company, the terms of continuation of the company with the heir and the movement of goods coming from a donation.
The course of these 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, the Charter of Fundamental Rights of the European Union and European law.