PRIVATE LAW I (FAMILY, SUCCESSION AND PROPERTY)
Academic year and teacher
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- Versione italiana
- Academic year
- 2016/2017
- Teacher
- GIOVANNI DE CRISTOFARO
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/01
Training objectives
- The course has two aims. The first is to complete the study of the institutional foundations of Private Law, to address those areas of Italian private law that had not been treated in the course of Institutions of Private Law.
The second is to perform and develop an in-depth analysis of the Italian Family Law, in order to let the students gain a new and more critical method of study of private law that will be developed through exercises and discussion of case law. Prerequisites
- Students are required to have a solid knowledge of the general principles and fundamental rules of Private Law - especially the Law of Obligations and the Law of Contract – as well as of the sources of the Italian Private Law. They are required to know the structure and the contents of the Italian Civil Code.
Course programme
- Lectures and seminars deal with the Family Law.
1) Regulation of marriage: rules on celebration, validity and effectiveness of marriage; right and duties of the spouses; separation and so-called divorce; matrimonial property regimes;
2) Rules concerning couples who cohabit more uxorio without been married;
3) Filiation: filiation of the parent-child relationship within a marriage and outside marriage; adoptive filiation; parental responsibility. Didactic methods
- The course is dedicated to the analysis of the institutions of the Family Law and will address some problematic issues of this field of Private Law, related to recent legislative reforms, to the possible future reforms, and the most important related case law.
Exercises will be held parallel to lessons: case studies will be used and students will have to solve them with written papers or as part of discussions. Learning assessment procedures
- The exam consists of a written test and an oral examination.
In the written test, the student is called to face and solve a case related to the field of the Family Law. The oral examination - to which the student always has the right to access, regardless of the evaluation obtained in the written examination - tests the knowledge and in-depth understanding of the Family Law and the institutional knowledge of Inheritance Law and Land and Property Law. The final mark is the result of the sum of the one obtained in the written test (for 1/3) and the oral exam (for 2/3). Reference texts
- For family law:
MANUALI: M. SESTA, Manuale di diritto di famiglia, 7a ed., Padova (Cedam – WoltersKluwer), 2016, oppure, in alternativa, T. AULETTA, Diritto di famiglia, 3a ed., Torino (Giappichelli), 2016
TESTI NORMATIVI: Nuovo codice della famiglia, a cura di SESTA, Milano (Giuffré), 2016
For Inheritance Law and Land and Property Law, students will study the relevant parts of one of the following books:
M. PARADISO, Corso di istituzioni di diritto privato, 9a ed., Torino (Giappichelli), 2016
F. BOCCHINI – E. QUADRI, Diritto privato, 6a ed., Torino (Giappichelli), 2016
S. MAZZAMUTO (cur.), Manuale del diritto privato, Torino (Giappichelli), 2016
R. CALVO – A. CIATTI, Diritto Privato, 2a ed., Bologna (Zanichelli), 2015
F. GAZZONI, Manuale di diritto privato, 17a ed., Napoli (ESI), 2015
E. ROPPO, Diritto privato, 5a ed., Torino (Giappichelli), 2015
A. TORRENTE - P. SCHLESINGER, Manuale di diritto privato, 22a ed., Milano (Giuffrè), 2015
A. TRABUCCHI, Istituzioni di diritto civile, 47a ed., Padova (Cedam), 2015
