The course aims to provide the student with a first general view of the legal framework established by the Italian legal system for the regulation of private relationships. Particular attention will be paid to the historical evolution and operational aspects of the main regulatory principles that govern life and economic relationships. The course also aims to provide a basic civil law preparation, which is essential for dealing with civil law courses in the following academic years (especially Institutions of Private Law II and Civil Law).
Course Prerequisites
The course requires an in-depth knowledge of the Italian Constitution, the Italian civil code and the main complementary laws in civil matters (which can be found in the most common editions of the civil code).
Teaching Methods
The course is made of lectures, supplemented by (optional) didactic seminars, carried out also by lecturers from other Italian universities. The seminars aim to deepen some jurisprudential cases in private law matters.
Assessment Methods
The learning verification takes place through an oral exam, in which both the basic regulations' knowledge and the correct application of private law principles are highlighted, in order to solve the practical cases which will be submitted to the attention of the student.
Texts
Suggested manual: A. TORRENTE, P. SCHLESINGER, Manuale di diritto privato, Milano, Giuffrè, ult. ed.
Alternatively: - F. GAZZONI, Manuale di diritto privato, ult. ed., Napoli, Esi.
An updated edition of the Italian civil code should also be studied, together with the main complementary regulations of the private law matters. Alternatively suggested: - Codice Civile e leggi collegate, a cura di G. De Nova, Zanichelli, ult. ed.; - Codice Civile, a cura di A. Di Majo, Giuffrè, ult. ed.; - Codice Civile esplicato (minor), Edizioni Simone, ult. ed.
Contents
The program focuses on the following topics: the legal system; codification; the sources of law, with particular regard to the civil code, the republican constitution of 1948 and European Union legislation; the constitutional principles in private matters, with particular regard to the principle of equality; temporal effectiveness of legal regulations; application and interpretation of the legal norm; the role of judgments; conflicts of law in space; the legal relationship; the subject of the legal relationship: natural person, legal person, entities without personality; the subject of the legal relationship; the legal fact; prescription and forfeiture; the judicial protection of rights; proof of legal facts; the rights of personality; property, real rights, communion, possession; the obligation and its elements; subjective modifications of the obligation; the extinction of the obligation; default and late payment; the liability of the debtor; security rights; the means of preserving the asset guarantee; the contract in general (essential and accidental elements, conclusion, representation, simulation, invalidity, effects, termination, etc.).
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).