INSTITUTIONS OF PRIVATE LAW
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- ARIANNA FINESSI
- Credits
- 9
- Didactic period
- Secondo Semestre
- SSD
- IUS/01
Training objectives
- Main acquired knowledge. The course aims at providing students with the knowledge of the institutions and fundamental rules of Italian Private Law. It is thus focused on in-depth analysis of the structure and basic contents of the Law of obligations, the Law of contract and other sources of obligations
Main acquired ability. In order to provide the main theoretical tools for the understanding of regulations, particular attention will be paid to legal sources, as well as to the categories and basic notions of Private Law Prerequisites
- A good knowledge of the Italian language, learning and reasoning skills.
Course programme
- A first institutional part of the course (lectures for a total of ca. 20 hours out of 60) is dedicated to fundamental categories, notions, sources, subjects, legal facts and acts of Italian Priate Law. The second part of the course (lectures for a total of ca. 40 hours out of 60) is dedicated more specifically to Law of Obligations, Law of Contract and Tort Law.
The following arguments will be explein during the lessons:
Branches and sources of Private Law. Legal relationships. Subjective rights and powers. . Natural and legal subjects. Legal capacity and capacity to contract. Real estates and goods. Property rights. Legal facts and acts. Classification of legal acts.
Law of obligations. Content and object of the obligation. Specific performance and different ways of cancelling obligations. Breach of obligations and debtor’s delay. Debtor’s liability. Change of the subject.
Contract. Essential requirements. Different types of contracts. The conclusion of contract. Tort in negotiation. Unequal terms and pre-listed contracts. Effects on third parties. Breach. Discharge of duties, impossibility of performance, extraordinary and unequal change of conditions.
Law of torts. Didactic methods
- Lectures during which the institutions of Italian Private Law will be illustrated, more specifically, also by the analysis of practical cases, in dialogue with the students (for a total of 6-8 hours). Students are also required to have on their disposal an updated version of the text of Italian civil code [for example Di Majo (cur.), ed. Giuffrè; De Nova (cur.), ed. Zanichelli; Izzo (cur.), ed. Simone].
Learning assessment procedures
- Oral examination during which students are required to discuss questions (3/4) focused on institutions and issues treated during the classes, in order to verify in-depth understanding and criticism of the themes studied during the course.
In order to pass the exam students must be able to cope with concepts and language of Private Law and must have a good knowledge of the structure as well as the contents of the Italian Civil Code.
During the examination to each competence will be assigned a proportional weight in the context of an evaluation composed of thiertieths
In the summer and autumn session (june, july and septembre) it is possible to divide the examination in two parts
The program of the first part is:
Manuale Paradiso: cap. 1-19, 43-45, 60
Manuale Torrente-Schlesinger: cap. I-XVI, LXX, LXXXI
The second part will be regard the rest part of program. The full examination will be necessarily completed no later than september Reference texts
- M. Paradiso, Corso di istituzioni di diritto privato, Torino, Giappichelli, ult. ed. Capp. 1-46; cap. 47 §§1-10; cap. 48 §§ 1-4, 6; cap. 49 §§ 1-3; cap. 50 § 1; cap. 51 § 1, cap. 54, 60.
Or alternatively
Torrente Schlesinger, Manuale di diritto privato, Milano, Giuffrè, ult. ed.
Capp. I-XXXVIII; cap. XLI, XLIII §§ 384, 385, 387, 387 bis; cap. XLIV § 390; cap. XLV §§ 400-401; cap. LI A, B, C; cap. LIV, LV, cap. LXX, cap. LXXX, cap. LXXXI
Civil Code
