Giurisprudenza | Civil law

cod. 0160100010

CIVIL LAW

	0160100010
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	CORSO DI LAUREA MAGISTRALE A CICLO UNICO DI 5 ANNI
	LAW
	2015/2016

PERCORSO COMUNE

	OBBLIGATORIO
	YEAR OF COURSE 3
	YEAR OF DIDACTIC SYSTEM 2012
	ANNUALE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/01	12	108	LESSONS	BASIC COMPULSORY SUBJECTS

	Objectives
	THE COURSE AIMS TO DEEPEN THE KNOWLEDGE ALREADY COVERED BY THE COURSE OF INSTITUTIONS OF PRIVATE LAW, THROUGH A SYSTEMATIC ANALYSIS OF INDIVIDUAL INSTITUTIONS, WHICH WILL BRING OUT THE CLOSE LOGICAL CONNECTION BETWEEN LEGAL RULES, PRINCIPLES AND VALUES, THE LATTER BEING CIVIL IDEALS TO WHICH THE ENTIRE LEGAL SYSTEM IS BASED. THE EXAMINATION OF THE PRINCIPLES AND THE VARIOUS FUNCTIONS, THAT THEY PERFORM IN THE CONTEXT OF REGULATED DIRECTIONS, WILL BE DROPPED IN THE INDIVIDUAL AREAS OF CIVIL LAW AND ACCOMPANIED BY THE ANALYTICAL STUDY OF CERTAIN INSTITUTIONS AND MOST SIGNIFICANT CASE OF THE SOCIO-LEGAL EVOLUTION IN THAT FIELD. SPECIFIC ATTENTION WILL BE PAID TO THE GENERAL RULES OF THE CONTRACT, WHICH WAS REBUILT ON THE BASIS OF THE MAIN DOCTRINAL AND JURISPRUDENTIAL LEANINGS, IN ORDER TO PROVIDE STUDENTS WITH A "DYNAMIC" OF THE LAW THAT STIMULATES THEIR ANALYTICAL AND CRITICAL ABILITIES, ALLOWING THE ACQUISITION OF NECESSARY SKILLS IN EXAMINATION AND SOLUTION OF PRACTICAL CASES. IN PARTICULAR, THE LEARNING OUTCOMES ARE: 1) GENERAL KNOWLEDGE OF THE INSTITUTES OF CIVIL LAW, IN CONNECTION WITH THE CONSTITUTIONAL PRINCIPLES. UNDERSTANDING OF THE RULES BY SYSTEMATIC INTERPRETATION AND AXIOLOGICAL. 2) ABILITY TO APPLY KNOWLEDGE IN THE ANALYSIS AND SOLUTION OF MANY PROBLEMS THAT ARISE IN THE CIVIL LAW; ACQUISITION OF SYSTEMATIC AND CAUSISTIC METHODOLOGY AS PART OF THE CAPACITY OF ANALYSIS OF COMPLEX SITUATIONS IN CONTEXTS OF STUDY AND WORK. 3) ABILITY TO INTEGRATE KNOWLEDGE, LINKING AND INTERPRETING CRITICALLY THE GAINED INFORMATION . 4) ABILITY TO COMMUNICATE WITH CLARITY AND LOGIC, TO BOTH SPECIALIST AND NON-SPECIALIST PUBLIC, THE GAINED KNOWLEDGE AND THE SOLUTIONS ACQUIRED IN THE INSTITUTIONS OF CIVIL LAW ANALYSIS. 5) ACQUISITION OF METHODOLOGICAL TOOLS AND LEARNING SKILLS NECESSARY TO FURTHER UPGRADE, INDEPENDENTLY, SKILLS ACQUIRED IN THE FIELD OF CIVIL LAW.

THE COURSE AIMS TO DEEPEN THE KNOWLEDGE ALREADY COVERED BY THE COURSE OF INSTITUTIONS OF PRIVATE LAW, THROUGH A SYSTEMATIC ANALYSIS OF INDIVIDUAL INSTITUTIONS, WHICH WILL BRING OUT THE CLOSE LOGICAL CONNECTION BETWEEN LEGAL RULES, PRINCIPLES AND VALUES, THE LATTER BEING CIVIL IDEALS TO WHICH THE ENTIRE LEGAL SYSTEM IS BASED. THE EXAMINATION OF THE PRINCIPLES AND THE VARIOUS FUNCTIONS, THAT THEY PERFORM IN THE CONTEXT OF REGULATED DIRECTIONS, WILL BE DROPPED IN THE INDIVIDUAL AREAS OF CIVIL LAW AND ACCOMPANIED BY THE ANALYTICAL STUDY OF CERTAIN INSTITUTIONS AND MOST SIGNIFICANT CASE OF THE SOCIO-LEGAL EVOLUTION IN THAT FIELD.
SPECIFIC ATTENTION WILL BE PAID TO THE GENERAL RULES OF THE CONTRACT, WHICH WAS REBUILT ON THE BASIS OF THE MAIN DOCTRINAL AND JURISPRUDENTIAL LEANINGS, IN ORDER TO PROVIDE STUDENTS WITH A "DYNAMIC" OF THE LAW THAT STIMULATES THEIR ANALYTICAL AND CRITICAL ABILITIES, ALLOWING THE ACQUISITION OF NECESSARY SKILLS IN EXAMINATION AND SOLUTION OF PRACTICAL CASES.
IN PARTICULAR, THE LEARNING OUTCOMES ARE:
1) GENERAL KNOWLEDGE OF THE INSTITUTES OF CIVIL LAW, IN CONNECTION WITH THE CONSTITUTIONAL PRINCIPLES. UNDERSTANDING OF THE RULES BY SYSTEMATIC INTERPRETATION AND AXIOLOGICAL.
2) ABILITY TO APPLY KNOWLEDGE IN THE ANALYSIS AND SOLUTION OF MANY PROBLEMS THAT ARISE IN THE CIVIL LAW; ACQUISITION OF SYSTEMATIC AND CAUSISTIC METHODOLOGY AS PART OF THE CAPACITY OF ANALYSIS OF COMPLEX SITUATIONS IN CONTEXTS OF STUDY AND WORK.
3) ABILITY TO INTEGRATE KNOWLEDGE, LINKING AND INTERPRETING CRITICALLY THE GAINED INFORMATION .
4) ABILITY TO COMMUNICATE WITH CLARITY AND LOGIC, TO BOTH SPECIALIST AND NON-SPECIALIST PUBLIC, THE GAINED KNOWLEDGE AND THE SOLUTIONS ACQUIRED IN THE INSTITUTIONS OF CIVIL LAW ANALYSIS.
5) ACQUISITION OF METHODOLOGICAL TOOLS AND LEARNING SKILLS NECESSARY TO FURTHER UPGRADE, INDEPENDENTLY, SKILLS ACQUIRED IN THE FIELD OF CIVIL LAW.

	Prerequisites
	GOOD KNOWLEDGE OF WRITTEN AND ORAL ITALIAN; ADEQUATE KNOWLEDGE OF THE PRIVATE LAW AND THE CONSTITUTIONAL LAW.

	Contents
	CONCEPT AND FUNCTIONS OF THE GENERAL PRINCIPLES IN THE LEGAL ORDER. THE "SUPREME PRINCIPLES". THE LEGAL PRINCIPLES IN THE LAW OF PERSONS AND FAMILY. THE LEGAL PRINCIPLES IN THE CONTEXT OF SUCCESSION UPON DEATH. THE LEGAL PRINCIPLES CONCERNING PROPERTY AND REAL RIGHTS. THE LEGAL PRINCIPLES IN THE LAW OF CONTRACT AND OBLIGATIONS. THE LEGAL PRINCIPLES IN THE FIELD OF CIVIL LIABILITY. THE LEGAL PRINCIPLES RELATING TO THE PROTECTION OF RIGHTS. CONCEPT AND ELEMENTS OF THE CONTRACT. THE PRIVATE AUTONOMY AND ITS LIMITS. PROCEEDINGS OF CONTRACT FORMATION. FORM AND CONTENT. CAUSE. ACCIDENTAL ELEMENTS. INVALIDITY AND INEFFECTIVENESS. RESCISSION. NON-PERFORMANCE. CANCELLATION OF CONTRACT. SIMULATION. INTERPRETATION OF CONTRACT.

Contents

CONCEPT AND FUNCTIONS OF THE GENERAL PRINCIPLES IN THE LEGAL ORDER. THE "SUPREME PRINCIPLES". THE LEGAL PRINCIPLES IN THE LAW OF PERSONS AND FAMILY. THE LEGAL PRINCIPLES IN THE CONTEXT OF SUCCESSION UPON DEATH. THE LEGAL PRINCIPLES CONCERNING PROPERTY AND REAL RIGHTS. THE LEGAL PRINCIPLES IN THE LAW OF CONTRACT AND OBLIGATIONS. THE LEGAL PRINCIPLES IN THE FIELD OF CIVIL LIABILITY. THE LEGAL PRINCIPLES RELATING TO THE PROTECTION OF RIGHTS.
CONCEPT AND ELEMENTS OF THE CONTRACT. THE PRIVATE AUTONOMY AND ITS LIMITS. PROCEEDINGS OF CONTRACT FORMATION. FORM AND CONTENT. CAUSE. ACCIDENTAL ELEMENTS. INVALIDITY AND INEFFECTIVENESS. RESCISSION. NON-PERFORMANCE. CANCELLATION OF CONTRACT. SIMULATION. INTERPRETATION OF CONTRACT.

	Teaching Methods
	THE COURSE CONSISTS OF 108 HOURS OF LESSONS. LANGUAGE OF INSTRUCTION: ITALIAN THE COURSE HAS BEEN PLANNED FOR STUDENTS WHO ATTEND REGULARLY. STUDENTS WHO CAN NOT ATTEND CAN ASK THE PROFESSOR FOR INTEGRATIVE EXPLANATIONS.

	Verification of learning
	FINAL ORAL EXAMINATION. EVALUATION CRITERIA OF THE EXAMINATION WILL BE: 1) ABILITY TO ARTICULATE A COMPLEX SPEECH; 2) ABILITY TO SPEAK CLEARLY AND WITH APPROPRIATE LANGUAGE; 3) ABILITY TO SYSTEMATICS OF LEGAL INSTITUTES OF CIVIL LAW; 4) CRITICAL ANALYSIS AND PRACTICAL APPLICATION OF THE COURSE CONTENTS.

	Texts
	1) P. STANZIONE - B. TROISI, PRINCIPI GENERALI DEL DIRITTO CIVILE, TORINO, 2011; 2) AA.VV., DIRITTO CIVILE: SAGGI, SALERNO, 2015 (IN CORSO DI PUBBLICAZIONE); 3) A. CATAUDELLA, I CONTRATTI. PARTE GENERALE, TORINO, 2014