Programma

The course is divided into 4 thematic modules:

(1) Introduction to private law (3 cfu)
The first module of the course deals with the concept of juridical norm and with the sources of law (particular attention is given to the European level of normative production, and to the relevance of the Constitution in private-law relationships).
The course then analyzes the subjects of private law, and the main categories of legal situations abstractly available to them (examining, here, prescription and forfeiture).

(2) The obligation in general (2 cfu)
The second module deals with the law of obligation in general. In particular, the following topics are examined:
(i) the sources of obligations (with specific attention, here, on legal sources different from contracts and torts);
(ii) the main types of obligations (with particular attention to pecuniary obligations);
(iii) modifications of the active and passive side of the debtor-creditor relationship;
(iv) the extinction of the obligation (exact fulfillment and different methods of extinction);
(v) the debtor's liability (with reference to the third module, on contractual remedies).

(3) The contract in general (3 cfu)
The third module deals with the law of contract in general. In particular, the following topics are examined:
(i) the notions of contract and of private autonomy (typical and atypical contracts; references to international contracts);
(ii) the essential and accidental elements of the contract;
(iii) the conclusion of the contract (with analysis extended to pre-contractual liability and to representation);
(iv) the effects of the contract (in particular: rules for interpretation and integration, and reference to the fourth module);
(v) the simulation;
(vi) contractual invalidities;
(vii) consumer protection;
(viii) remedies for non-performance;
(ix) termination of the contract.

(4) Protection of rights (2 cfu)
Based on the concepts examined in previous modules, the fourth and final part of the course examines the following topics:
(i) patrimonial liability (in relation to which the following topics are analyzed: real security rights; the judicial means of preserving patrimonial guarantee);
(ii) land registration (with reference to the effects of contract in the the circulation of wealth);
(iii) Judicial protection and rules of evidence.

Testi Adottati

A) The latest edition of the textbook:
- Mazzamuto (ed), Manuale del diritto privato, Torino, Giappichelli [CAPITOLI: I, II, III, IV, XIII (only § 13), XIV, XV (§ 3 excluded), XVI, XVIII, XIX].

B) De Nova, Codice civile e leggi collegate, Bologna, Zanichelli (or any other available edition, provided that it is updated and integrated with the relevant complementary legislation on the subjects covered by the course programme).

Modalità Erogazione

The course is based on two kind of classes: (i) general lectures, aimed at providing students with the theoretical foundations of the course; (ii) seminars, aimed at providing students with a more interactive, and therefore more critical, perspective of the theoretical concepts.

Modalità Frequenza

Recommended

Modalità Valutazione

The assessment method is based on a final written exam. The written exam is composed by: A) 11 multiple-choice questions: for each question, four possible answers are given, only one of them being the correct one. Each correct answer is awarded 1 point; no penalty for wrong or missing answers is given. B) 2 open-ended questions: each answer is evaluated with a grade ranging from 0 to 10 points. For each answer, the minimun pass-grade (6/10) requires proof of the fundamental language skills and substantial knowledge that are strictly necessary to provide a basic description of the legal doctrines under analysis. For each answer, the maximum grade (10/10) implies proof of exhaustive knowledge of the private law basics, excellent command of technical language and systematic view, showing full capability of linking together relevant principles and rules of the legal system, connected with the specific doctrine under analysis. The exam lasts 40 minutes. The use of the civil code or other supporting texts is not allowed. The result is communicated to each student with a personalized message via the GOMP system. After receiving the result, each student has 7 days to reject the grade; after this deadline the vote is considered accepted and is therefore definitively recorded.

Programma

INSTITUTIONS OF PRIVATE LAW I (GENERAL PART)
ARTICULATION OF THE COURSE
- The sources of private law and interpretation
- Autonomy of contract, subjective legal situations, prescription
- The natural person and personality rights.
- The regulation of obligations
- The discipline of contracts in general
The Institutions of Private Law course is unitary and consists of a 'general part' and a 'special part'. The 'general part' constitutes the subject of the programme of Institutions of Private Law 1, which starts from the definition of private law and its relationship with the Civil Code, and then completes the system of its sources with particular attention to European private law and the importance of the Constitution in the regulation of private relationships. The fundamental concepts will then be analysed, from negotiating autonomy to subjective legal situations, before proceeding to the discipline of persons. The obligation will be described through: the system of its sources; the main types of obligations (with particular attention to the discipline of pecuniary obligations); the changes in the active and passive sides of the obligatory relationship; the extinction of the obligation (exact fulfilment and different ways of extinction); and the debtor's liability to which the different but related topic of the debtor's asset liability will be linked. The discipline of the contract will begin with its notion and the analysis of its requirements. The conclusion of the contract will be accompanied by the framing of pre-contractual liability and a comparison between the discipline of the civil code and the consumer code. In the effects of the contract, the integration of autonomy and law will be addressed, followed by simulation and invalidity, and finally the system of protections will be completed with the termination and rescission of the contract

Testi Adottati

A) Latest commercially available edition of the handbook:
- Mazzamuto (ed.), Manuale del diritto privato, Torino, Giappichelli
B) Additional materials:
- Civil Code (any commercially available edition, updated with the latest legislation).

Modalità Frequenza

Class attendance is optional: the course programme, examination materials and assessment criteria are the same for attending and non-attending students.

Modalità Valutazione

The examination is based on 3 open questions relating to the examination programme. Each question is graded from 0 to 10 points. Students have 60 minutes at their disposal. It is possible to withdraw at any time during the examination. The use of civil codes or other supporting texts is not permitted. In the days following the test, the result is communicated by a personalised message from the GOMP system. Each student then has 7 days in which to reject the mark, after which time the mark is considered accepted and definitively recorded.

Programma

Syllabus
Introduction to Law (legal sources and norms)
Classes of rights
Subjects of law: individuals and legal entities
Obligations and Contracts
Prescription and forfeiture

Istituzioni di diritto privato is a unitary course, articulated into two part: a general one and a special one. The “General Part” is the object of the programme of Istituzioni di diritto privato I, which firstly introduces to the students the general foundations of the legal system, essential for the comprehension of what is “Law”, and how it operates in the society as a regulatory framework for interpersonal relationships. The analysis of legal sources highlights the current relevance of the European Law and of the Constitution, demonstrating that the study of private law can not be confined to the norms of the civil code. The course is then focused on the doctrinal classification of the different kinds of rights and on the discipline of subjects of law (with particular reference to individuals and personality rights). The programme also includes the complete analysis of the law of obligation and contract in general, encompassing: a) sources of obligation (unilateral promises, negotiorum gestio, undue payment, unjust enrichment); b) real guarantees (not the personal ones, that are part of the course of Istituzioni di diritto privato II); c) system of land registration (in the broader context of the circulation of rights).

Testi Adottati

Last edition between:
- Macario, Introduzione al diritto privato, Bologna, il Mulino, 2021, in course of publication

or
- Bessone (a cura di), Istituzioni di diritto privato, Torino, Giappichelli (Introduction; Part I, V, VI, XI);

- Mazzamuto (a cura di), Manuale del diritto privato, Torino, Giappichelli (Part I, II, VI [no chap. XVII], VII)

- Rescigno, Manuale di diritto privato, Milano, IPSOA (Part I, II, III, VII, VIII [only chap. I,II, III]);

- Trabucchi, Istituzioni di diritto civile, Padova, Cedam (Part I, II, III, VIII, IX [no sez. III], XI [no par. 410, 411, 412], XII [only sez. I]);

- Zatti, Colussi, Lineamenti di diritto privato, Padova, Cedam (Part I, III, IV, VI [only cap. 30], XII [only cap. 50, 51]);

Other materials:

- Codice civile: gli studenti potranno utilizzare una qualunque edizione in commercio purché aggiornata con le ultime novità legislative.

Modalità Frequenza

Attending lectures is not compulsory but it is advisable

Modalità Valutazione

Oral Exam