Learning outcomes
The course - outlined the general theory tools most useful to understand the concepts of private law - aims to investigate the discipline of individuals and organizations, of real rights and possession, of obligations, contract and torts, highlighting their underlying political reasons and their application potential in the economic context of the production and circulation of wealth.
The course will allow the student to acquire an adequate knowledge of the elements of private law and the ability to realize the aims pursued by the legislator. Furthermore, the student will be able to understand non-complex practical cases and formulate hypotheses of solutions in this regard.
Course contents
• Private law and its sources. Juridical facts and juridical acts. Rights and duties.
• Individuals and organizations.
• Property law.
• Obligations and credit guarantees.
• Principles of contract law.
• Consumer contracts and consumer law. Asymmetric commercial contracts.
• Specific contracts: sales, leases and its subtypes, leasing; construction contracts and contracts for the performance of services. agency contracts, bonds, letters of patronage, bank contracts.
• Tort liability.
Teaching methods
• The course consists of lectures (provided that this is permitted by the evolution of the health situation; alternatively, the lessons will be held only partially in the classroom and, in any case, all students will be allowed to attend the lessons online). Lecturers are aimed at fostering an understanding of the essential concepts of private law, their rationales and their economic implications.
• Power Point slides are available on the University teaching platform (Kiro). They are designed to perform a dual function. On the one hand, they intend to help understanding the lessons, as they outline the structure of the topics addressed, indicating the normative references relating to them: with the support of the slides, students can follow the lessons and take notes more easily. On the other hand, they offer students - attending or not attending lectures - a useful tool to review the main contents of the course.
• In no case, the slides can replace the study of the textbook and the frequency (or audiovision) of the lessons. In fact, slides illustrate the main contents of the course with an inevitably schematic approach.
• Practical cases concerning the topics gradually examined in the classroom
are also available on the University teaching platform. By trying to solve these cases, students will be able to consolidate their knowledge of the subject, as well as evaluate their progress in the study. The final grade of the exam ill take into account the correct execution of the exercises.
Reccomended or required readings
For the purposes of the final exam, students should study A. TORRENTE-P. SCHLESINGER, Manual of private law, Giuffré, 2019, with reference to the following chapters and pages:
chapt. I-IV;
cap. VI (except par. 37 and 38);
chapt. VII (except par. 55, 56, 57, 58, 59, 60, 65, 68 77, 78 and 79);
chapt. VIII (except par. 86, 87, 88, 90, 91 and 95);
chapt. IX (except par. 99, 100, 101, 102, 103, 104, 105 and 106)
chapt. X-XI;
chapt. XII (only par. 122 e 123);
chapt. XIII (except par. 134, 135, 136, 137, 140 and 141);
chapt. XVI (except par. 178);
chapt. XVII-XXII;
chapt. XXIII (except par. da 251, 252, 253, 254, 256 and 257);
chapt. XIV (except par. 261-bis, 262 and 263);
cap. XXV-XXXIV;
chapt. XXXV (except par. 328 e 329);
chapt. XXXVI-XXXVIII;
chapt. XXXIX (except par. 360, 361-bis, 363, 363-bis and 364);
chapt. XL;
chapt. XLI (only par. 367);
chapt. XLIII (only par. 384, 386, 387 and 387-bis);
chapt. XLIV (solo par. 390, 393 and 394);
chapt. XLVIII (except par. 421);
chapt. LV (except par. 463, 464, 470, 471, 472, 472-bis and 474).
It is also necessary to know - with regard to the topics covered by the course - the Constitution, the Civil Code and other complementary laws. In this regard we recommend, as an alternative: G. De Nova, Codice civile e leggi collegate, Zanichelli, last ed.; A. Di Majo, Codice civile, Giuffré, last. ed.
Assessment methods
Oral examination. The exam starts with the verification of the more general concepts, whose knowledge is indispensable for passing the exam, and continues with verification of more detailed knowledge, which determines the final evaluation. However, with respect to mnemonic knowledge, the evaluation tends to privilege the verification of the student's ability to understand the rationales of private law concepts, also through appropriate links between them.
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