PRIVATE LAW II (CONTRACTS AND OBBLIGATIONS)
Academic year and teacher
If you can't find the course description that you're looking for in the above list,
please see the following instructions >>
- Versione italiana
- Academic year
- 2022/2023
- Teacher
- GIOVANNI DE CRISTOFARO
- Credits
- 12
- Didactic period
- Primo Semestre
- SSD
- IUS/01
Training objectives
- The course has two aims. The first is to let the students acquire a comprehensive knowledge of the contents and of the problematic aspects of the Private Law Rules governing the Contract of Sale.
The second is to deepen the General Rules of the Private Law of contracts and obligations, in relation with which the students will gain a new and more critical method of study that will be developed through seminars and discussion of cases. Prerequisites
- Students need to know the sources of Italian and EU Private Law and the Italian Constitution; they must have a good knowledge of the principles and fundamental rules of Private Law.
In addition, it is required to know the structure and the contents of the Italian Civil Code and the ability to use it confidently; at the same time they have to be able to interpret and apply the rules laid down by the Civil Code and by the most important Statutes. Course programme
- 2/3 of the Classes will focus on the Private Law Rules governing the Contract of Sale, with special regard to the Sale of Goods.
The remaining Classes will be devoted to the analysis of cases whose solution requires the application of provisions of the Italian Civil Code in the field of obligations, contracts, tort and others sources of obligations. Didactic methods
- The lessons devoted to the contract of sale will deal with various aspects of the regulation of sales contracts, taking into account not only the Italian Civil Code, but also the Consumer code and other relevant legislative acts as well as the most important decisions of Italian Courts and of the European Court of Justice.
The lessons devoted to the general rules on obligations and contracts will focus on the discusson of cases. Learning assessment procedures
- The exam consists of a written test and oral examination.
In the written test, the student is called to face and solve a case related to the field of Obligations and Contract Law (obligations and debtor’s liability, contract in general, contract types, tort law and other sources of obligations).
The oral examination - to which the student always has the right to access, regardless of the evaluation of the written examination - tests the knowledge and in-depth understanding of the Sale Agreement and the institutional knowledge of the other subjects, especially the rules and principles concerning obligations and contracts). The oral examination consists of no fewer than four questions, unless a serious fail previously emerge.
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).
With regard to the fundamental principles of Obligations and Contract Law, it is necessary to study the chapter of a Textbook which deals with the general rules and principles on obligations and contracts, tort and other sources of obligations, as well as the regime of debtor’s liability and the most important contract types.
Regarding the Sales Contract:
- students attending classes must study topics discussed during the lessons, on the basis of the materials and the texts handled by the teacher.
- students non-attending classes must study the reference Handbook on Sales Contract.
The study and comprehension of the Private Law requires the knowledge of the rules laid down by the legislation in force: it is therefore recommended a constant and careful consultation of the Civil Code and the most important legislative Acts in the field of Private Law. In this regard, the knowledge of the structure and content of the Civil Code and the most important Acts as well as the ability to use them will be accurately verified during the examination. Reference texts
- On Sales Contract:
A. LUMINOSO, La compravendita, Torino (Giappichelli), 10 ed., 2021
For the general principles and rules of italian private law on obligations and contracts it is necessary to study one of the following handbooks:
A. TORRENTE - P. SCHLESINGER, Manuale di diritto privato, 23a ed., Milano (Giuffrè), 2017 with regards of the following chapters:
- from Ch. XVII (the mandatory relationship) to Ch. XLV (the main contract related with property)
- from Ch. XLVII (the aleatory contracts) to Ch. XLIL (the settlement agreements)
- Ch. LI (unilateral promises), lett. a), b) and c), except lett. d)
- Ch. LIV (statutory obligations) and Ch. LV (tort law)
or
F. GAZZONI, Manuale di diritto privato, 18a ed., Napoli (ESI), 2017
- from Ch. XXXII (structure and characteristics of obligations) to Ch. XL (tort)
- from Ch. XLII (contract and legal transaction) to Ch. LXIV (services contracts)
- from Ch. LXVII (aleatory contracts) to Ch. LXIX (settlement agreements)
