CIVIL LAW II
Academic year and teacher
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- Versione italiana
- Academic year
- 2015/2016
- Teacher
- ARIANNA THIENE
- Credits
- 9
- Didactic period
- Primo Semestre
- SSD
- IUS/01
Training objectives
- The aim of the course is to analyse critically and systematically both civil liability and personality rights (i.e. the right to control the commercial use of one’s name, image, likeness and other aspects of one’s identity) taking the latest teaching and jurisprudence perspectives into account.
Family law, after-death succession, property and rights in rem shall also be examined considering the latest legislation news.
The lessons provide a dynamic overview of legislation and enable students to develop their analytical skills. Examination of the so-called 'living law' is instrumental in becoming familiar with the practical application of civil law. The course also aims at acquiring skills in solving practical cases. Prerequisites
- Students must know thoroughly the general principles and fundamental institutions of private law as well as the sources of the Italian law and its Constitution. Knowledge of the structure and contents of the Italian civil code is also essential. Propaedeutic exams are Constitutional Law, Institutions of Private Law and Civil Law I.
Course programme
- The monograph of the course regards civil liability and personality rights. The subjective (imputability and culpability) and objective elements of civil offence (damage and causal nexus), the features of damage compensation (patrimonial and non-patrimonial), code and extra-code hypotheses of objective liability shall be analysed in depth and in the light of the latest teaching and jurisprudence perspectives. Personality rights shall tendentially be examined from the remedy (restitution, and punitive and compensatory damages) viewpoints provided for by the law protecting them (40 hours). For each of these topics, practical cases shall be proposed and students will be involved in their solution.
A number of lessons will focus on the most important legislation news which affect marriage and filiation, the right to after-death succession, property and rights in rem (20 hours). Didactic methods
- Teaching shall be through lectures associated with the analysis of some of the latest and most interesting law cases.
Learning assessment procedures
- The oral exam aims to assess the knowledge as well as the critical, in-depth mastery of the course subjects (about 4 questions). Students are also required to solve practical cases with clarity, showing their knowledge of the legal framework. The final vote results from the avarage of the scores assigned to each question.
Reference texts
- In preparation for their exam, students are required to study the following chapters of the book by C. Massimo Bianca (in collaboration with Mirzia Bianca), Istituzioni di Diritto privato, Giuffrè, Milan (latest edition). In particular chapters VII, VIII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, XXI, XXII, XXIII LIII, LIV, LV, LVI, LVII, LVIII, LXVII, LXVIII, LXIX, LXX, LXXI, LXXII, LXXIII, LXXIV LXXV, LXXVI, LXXVII, LXXVIII, LXXIX, LXXX, LXXXI, LXXXII, LXXXIII.
Use of any of the latest editions of the Italian Civil code, the Constitution and the main complementary laws is essential. Use of a CIVIL CODE with legal authority and case law (e.g. CIAN - TRABUCCHI, Commentario breve al Codice civile, XI, Padova, CEDAM, latest edition) is recommended for the section of the course referring to civil liability and personality rights.
