The aim of the course is to provide an overview of the Italian succession system, analyzing, on the one hand, the general principles and the discipline, as modified by the most recent regulatory interventions; on the other, the main practical applications. It is intended to provide students with an in-depth study on the law of succession, that can be useful in entering the professional world (for example, for those who would like to approach the notary profession).
Course Prerequisites
The course requires the knowledge of private law institutions, especially on succession matters, as in the program of the course of Private Law Institutions II.
Teaching Methods
The course, addresses the students attending the last year of the master's degree in Law, and it is carried out through lectures particularly rich in references both to doctrinal theories,and to the most recent judgments. This is meant to better highlight the development of the succession system, and to prepare the students to deal with the issue of succession on death in their professional activity, after graduation. There is also a laboratory part consisting in drafting a “holographic” will.
Assessment Methods
Learning is verified through an oral exam, in which the purely mnemonic moment is preceded by the evaluation of the knowledge of the general principles of succession law (and, more generally, of private law). Reasoning skills in using private law categories and in solving practical scenarios, submitted during the exam, will also be verified. During the course, a test at home will be assigned consisting in drafting a will: those who reach the grade of sufficient will be allowed not to study testamentary succession for the final exam.
Texts
Recommended manuals: - G. Bonilini, Diritto delle successioni, Laterza, 2004, to be integrated with the hints to the family agreement and the filiation italian reform, that will be made in class. Alternatively: - C.M. Bianca, Diritto civile. 2.2. Le successioni, Giuffrè, 2015. The study of the manual has to be integrated by the study of an updated version of the Italian civil code.
Contents
The course deals with the study of succession on death, addressing the following topics: the succession on death in general; subjects and phases of succession proceeding (opening, calling, acceptance or renunciation); necessary succession; legitimate succession; testamentary succession; legates; community of inheritance and division.
Course Language
Italian
More information
Inclusive teaching methods are provided for students who are workers, or those involved in the care of family members, or those with civil disabilities, disabled people or those with DSA, or students who are parents, athletes, in prison, in hospital or with certified pathologies. In particular, for the aforementioned categories, the following are foreseen: reception also online and at flexible times, tutoring services, provision of the most suitable teaching material (such as video recordings of the lessons).
