INSTITUTIONS OF PRIVATE LAW
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- ARIANNA THIENE
- Credits
- 9
- Didactic period
- Secondo Semestre
- SSD
- IUS/01
Training objectives
- The course aims at providing students good knowledge of the principles and rules pertaining to Italian private law. In particular, it focuses on the sources of private law, the different types of jurisdictional facts and acts, the subjective-jurisdictional situations and natural and juridical person law. Special attention shall be given to
patrimonial relationships. In addition to studying property law and rights in rem, the course shall analyse the following: the discipline of obligation; contract law; the most important typical contracts and non-contractual sources of obligation.
These are indispensable notions to acquire the following skills: appropriate legal and technical language; understanding of the contents and structure of the civil code; and knowledge of the general principles of private law institutions, which is essential for the study of specific areas of law. Prerequisites
- Good knowledge of the Italian language, and learning and reasoning skills.
Course programme
- The course is theoretically divided into two parts. The first focuses on the basics and fundamental principles of private law – in particular, the analysis of the sources of private law, the identification of different types of jurisdictional facts and acts, the study of subjective-jurisdictional situations, and natural and juridical persons.
The second part analyses property law and rights in rem, the discipline of obligation, contracts in general, the most important typical contracts, and non-contractual sources of obligation. Didactic methods
- Teaching is carried out through lectures explaining the main concepts with constant reference to the law code.
Particularly important will be the didactic integration carried out with the activity of the course tutors, who will hold, as always, methodological and in-depth seminars and exercises, as well as, at the request of the students, receptions and simulated examinations.
Further information can be found on Prof. Arianna Thiene's teaching page. Learning assessment procedures
- At the oral exam, students are asked a series of questions (about 4) to verify their knowledge of the subject and their ability to link the institutions with the laws and principles of the legal system using the most suitable legal language. The final vote results from the avarage of the scores assigned to each question.
Attending students can divide the exam.The first part (regarding the sources of private law, the types of dispositive facts and legal acts, law-subjective situations and their protection, person and juridical entity law, property law and right in rem) will be taken after the course at the unofficial exam session at the end of May. Students must pass the second part (regarding obligations and contracts in general, the most important typical contracts, individual contracts and non-contractual sources of obligations and civil liability) by the September session. The final vote is given by the average of the votes obtained in each of the two parts. Both parts are oral. Reference texts
- In preparation for their exam, students are required to study the following chapters of the book by Iudica-Zatti, Linguaggio e regole del diritto privato, latest edition, Padova, Cedam: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 30, 38.
Use of any of the latest editions of the Italian Civil code is essential.
