PRINCIPLES OF PRIVATE LAW (Gruppo C)
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- MARIA NOVELLA BUGETTI
- Credits
- 8
- Didactic period
- Secondo Semestre
- SSD
- IUS/01
Training objectives
- The course aims at providing students with an adequate knowledge of the principles and fundamental rules of the Italian Private Law system, which are regulated in the books I, III and VI of the Civil code, as concerns personality rights, right of ownership and property interests, and protection of rights.
Furthermore, the course aims at providing a more in-depth analysis of the law of obligations and contracts contained in the book IV of the Civil code as well in other legal acts of the Italian and EU legislator.
From a systematic point of view, the course aims at analysing the interaction between private law and economics (main acquired knowledge).
A specific focus is set on the legal sources, as well as on the categories and basic notions of Private Law in order to provide the main theoretical instruments for the understanding of regulations (main acquired ability). Prerequisites
- Good command of Italian language.
Course programme
- The first part of the course will focus on notions and general principles of Private Law (20 hours).
In particular, the analysis will address:
- sources of Private Law;
- interpretation and application of law;
- subjective rights and powers;
- prescription and limitations;
- natural and legal subjects: legal capacity and capacity to act;
- real estates and goods;
- property rights and possession.
The second part of the course will be dedicated to an in-depth analysis of the law of obligations (sources, regulation and modifications), with a particular focus on the law of contract: elements, effectiveness, validity, invalidity and termination (36 hours).
The following topics will be subject of specific analysis:
- obligation: subjects and content of the obligation;
- modifications of the subjects of the obligation;
- fulfilment of the obligation;
- manners of discharge other than performance;
- non-fulfilment and payment delay;
- patrimonial liability of the debtor;
- law of contract: essential elements and conclusion of contract;
- pre-contractual liability;
- effects of the contract;
- agency and representation;
- voidness and voidability of the contract;
- rescindibility of the contract;
- termination of the contract for non-fulfilment, supervening impossibility and excessive onerousness;
- typical and atypical contracts;
- single types of contracts;
- sales contract;
- contract for work and services;
- other types of contracts;
- unlawful acts;
- acts and facts which are capable to produce obligations in conformity with the legal system. Didactic methods
- The course is structured in face-to-face lectures, based on a theoretical-practical analysis of the main institutes of private law.
Learning assessment procedures
- Purpose of the exam is to assess the level of achievement of the above mentioned training objectives.
The exam takes place exclusively in written form and consists of multiple choice questions.
The final mark is given by the sum of the single marks resulting from the answers. Reference texts
- For the purpose of the preparation for the exam, the use of one of the following books is suggested:
Patti (a cura di), Diritto privato, III ed., WKI-CEDAM, Milano, 2022;
Pietro Perlingieri, Istituzioni di Diritto civile, 7th edition, Edizioni Scientifiche Italiane, Napoli, 2020
