ID:
10628
Duration (hours):
72
CFU:
12
Year:
2025
Overview
Date/time interval
Primo Semestre (22/09/2025 - 27/11/2025)
Syllabus
Course Objectives
The course has the main goal of providing a thorough knowledge of the system of personal guarantees and collaterals, along with enabling the student to locate, with reference to the specificities of each of them, the instrument more suitable to face the issues emerging from the economic reality.
Course Prerequisites
The preparation for the exam requires a full proficiency with reference to the fundamentals of Private Law (with regard to which the updated edition of the textbook adopted for the courses of “Fundamentals of Private Law” can be a useful benchmark). In particular, it is required a deep knowledge of the provisions of the Civil Code on the theme of guarantees (with regard to which one of the updated editions of the civil code, along with the respective complementary legislations, can be used).
Teaching Methods
Both frontal lectures and seminars/practical exercises are scheduled. For the frontal lectures Power Point.
Assessment Methods
The exam consists in an oral discussion aimed at evaluating the acquired knowledge with regard to the theoretical concepts, along with the skills developed, through the discussion of the relevant case-law that has been studied.
Texts
The textbooks for the preparation of the exam are: - A. Chianale-G. Terlizzi-S. Campolattaro-M. Martelli, Garanzie reali e personali, 2nd edition, Giappichelli, 2023. The following chapters are excluded from the course syllabus: Parte I, capitolo III: La separazione patrimoniale e le limitazioni alla responsabilità del debitore; Parte II, capitolo I: La fideiussione; Parte II, capitolo II: Il contratto autonomo di garanzia; Parte II, capitolo IV: Le polizze fideiussorie; Parte II, capitolo V: Le lettere di patronage; - G. Stella, Course notes on fideiussione, lettere di patronage, contratto autonomo di garanzia and polizze fideiussorie (surety bonds, letters of patronage, independent guarantee contracts and surety insurance policies); students who have attended the lessons will be able to use the slides subject to the professor’s explanations throughout the course.
Contents
The course deals with the system of the guarantees of the credit in the Italian legal order. The initial part will concern the generic patrimonial guarantee (patrimonial responsibility), its means of conservation, the general features of personal guarantees and collaterals. In the second part the typical personal guarantees, such as the general and banking guarantee, the endorsement, the mandate of credit, the antichresis, will be examined, along with the atypical personal guarantees such as the autonomous contract of guarantee, the guarantee at first request, the insurance guarantees and the patronage letters. The last part of the course will specifically investigate the collaterals: movable and immovable privileges, the ordinary pledge, the mortgage and the so-called anomalous forms of collaterals (some of them now incorporated by the legislator), such as the bail, the omnibus banking pledge, the rotative pledge, the figures of pledge not encompassing possession (or without divestment), the contracts of financial guarantee, the alienations with the scope of guarantee. The system of the guarantees of the credit will be analyzed in strict connection with the features regarding the general theory of the obligation and of the contract.
Course Language
Italian
More information
Inclusive measures in favour of specific categories of students.
For the students with a certification to be in one of the conditions determined by the guidelines of the University (worker; caretaker of family members; civil invalidity; differently abled or with Specific Learning Disorders; parent; athlete; subject to measures of criminal detention; hospitalized) and who cannot attend the educational activities in person, the professor will guarantee up to two office hours each week, also remotely, with flexibility around the timeframe according to the needs of the
student.
The educational activities will, moreover, be supported by tutoring or by supplementary teaching hours, also after 6 p.m., from Monday to Friday, with the aim of promoting learning also for the students belonging to the above-cited categories.
It needs to be recalled that, in order to have access to the inclusive measures, the qualifying students need to present the relevant instance through their Private Area, according to the instructions published on the website at the following link: https://portale.unipv.it/it/didattica/servizi-lo-studente/modalita-didattiche-inclusive
For the students with a certification to be in one of the conditions determined by the guidelines of the University (worker; caretaker of family members; civil invalidity; differently abled or with Specific Learning Disorders; parent; athlete; subject to measures of criminal detention; hospitalized) and who cannot attend the educational activities in person, the professor will guarantee up to two office hours each week, also remotely, with flexibility around the timeframe according to the needs of the
student.
The educational activities will, moreover, be supported by tutoring or by supplementary teaching hours, also after 6 p.m., from Monday to Friday, with the aim of promoting learning also for the students belonging to the above-cited categories.
It needs to be recalled that, in order to have access to the inclusive measures, the qualifying students need to present the relevant instance through their Private Area, according to the instructions published on the website at the following link: https://portale.unipv.it/it/didattica/servizi-lo-studente/modalita-didattiche-inclusive
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LAW
Single-cycle Master’s Degree
5 years
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