Institutions of Private Law

Giurisprudenza Institutions of Private Law

0160100074
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2021/2022

OBBLIGATORIO
YEAR OF COURSE 1
YEAR OF DIDACTIC SYSTEM 2012
FULL ACADEMIC YEAR
CFUHOURSACTIVITY
13117LESSONS


Objectives
THE EDUCATIONAL GOAL OF THE COURSE IS TO PROVIDE STUDENTS WITH AN UNDERSTANDING OF THE ROLE OF PRIVATE LAW WITHIN SOCIAL DYNAMICS THROUGH THE ANALYSIS OF LEGAL SITUATIONS.

KNOWLEDGE AND UNDERSTANDING: THE COURSE PROVIDES STUDENTS WITH THE BASIC KNOWLEDGE OF THE MAIN ARTICULATIONS AND INTERRELATIONS OF THE ITALIAN LEGAL SYSTEM. THE ANALYSIS OF THE PROVISIONS OF THE ITALIAN CIVIL CODE IS PROMOTED AS A GUIDE FOR FUTURE PROFESSIONALS FOR THE PURPOSES OF A DEEP UNDERSTANDING OF THE CHANGING SOCIAL CONTEXT.

APPLYING KNOWLEDGE AND UNDERSTANDING: STUDENTS WILL BE ABLE TO ANALYZE AND COMBINE LEGAL RULES AND TO APPLY THEIR KNOWLEDGE AS PROFESSIONALS IN THE FIELDS WHICH REQUIRE A LEGAL EXPERTISE.

MAKING DECISIONS:
A PROBLEMATIC METHOD AS WELL AS A UNITARY APPROACH TO THE LEGAL SYSTEM ARE CRUCIAL TO DEVELOP IN STUDENTS A HIGHLY CRITICAL CAPACITY RELATED TO PRIVATE LAW ISSUES.

COMMUNICATION SKILLS:
STUDENTS WILL HAVE THE CAPACITY TO EFFECTIVELY REPRESENT AND DISCUSS THE RESULTS OF THEIR WORK: IDENTIFYING LEGAL PROBLEMS RELATED TO PRIVATE LAW, QUALIFYING DIFFERENT LEGAL SITUATIONS, APPLYING THE APPROPRIATE REGIME, ETC.

LEARNING SKILLS:
STUDENTS WILL HAVE THE CAPACITY TO ANALYZE DIFFERENT LEGAL PROBLEMS AND TO DEVELOP THEIR SKILLS THROUGH AN APPROPRIATE RESEARCH METHOD, USING LITERATURE AND NATIONAL AND INTERNATIONAL ON-LINE DATA BASES.
Prerequisites
FULL KNOWLEDGE OF THE ITALIAN LANGUAGE
Contents
INTRODUCTORY REMARKS AND FUNDAMENTAL PRINCIPLES: SOCIAL REALITY AND THE LEGAL SYSTEM; SOURCES OF PRIVATE LAW; PRINCIPLES, LEGAL FACT AND EFFECT; LEGAL SITUATION AND RELATION; THE LEGAL METHOD AND INTERPRETATION; APPLICATION OF LAW IN TIME AND SPACE (10 HOURS OF LECTURES)
NATURAL PERSONS AND LEGAL PERSONS (8 HOURS OF LECTURES).
LEGAL RELATIONS. NON-ECONOMIC LEGAL RELATIONS (4 HOURS OF LECTURES).
OWNERSHIP AND REAL RIGHTS; POSSESSION (14 HOURS OF LECTURES).
OBLIGATIONS; SECURITIES; LIMITATION PERIODS (22 HOURS OF LECTURES).
PARTY AUTONOMY AND FREEDOM OF CONTRACT. THE GENERAL LAW OF CONTRACT (22 HOURS OF LECTURES).
MAIN CONTRACTS: SALE, EXCHANGE, LEASE, LEASING, LOAN, MANDATE, DONATION; UNILATERAL PROMISES; DEBT SECURITIES; REGISTRATION (12 HOURS OF LECTURES).
CIVIL LIABILITY AND TORTS (5 HOURS OF LECTURES).
FAMILY AND PARENTAL RELATIONS (10 HOURS OF LECTURES).
SUCCESSIONS: INTESTATE, TESTAMENTARY AND NECESSARY SUCCESSIONS (10 HOURS OF LECTURES).
Teaching Methods
THE COURSE LASTS 117 HOURS (13 CFUS) AND IS DIVIDED INTO: LECTURES ABOUT ALL COURSE TOPICS; DISCUSSION OF CASE LAW; SEMINARS HELD ALSO BY LECTURERS FROM FOREIGN UNIVERSITIES AND PRACTITIONERS.
Verification of learning
ORAL FINAL EXAMINATION, WITH ASSESSMENT IN THIRTIETHS, ON THE CONTENTS MENTIONED IN THE LEARNING PROGRAM, AIMED AT ASCERTAINING STUDENTS’ SKILLS; SYSTEMATIC APPROACH TO THE STUDY OF PROVISIONS AND INSTITUTIONS; USE OF TECHNICAL LANGUAGE AND LEGAL REASONING; METHOD.

Texts
P. STANZIONE, MANUAL OF PRIVATE LAW, GIAPPICHELLI. TURIN, 2017.

ALTERNATIVELY, STUDENTS MAY CHOOSE OTHER MANUAL OF INSTITUTIONS.

THE STUDY OF PRIVATE LAW CANNOT BE SEPARATED FROM THE USE OF THE CIVIL CODE AND SPECIAL LAWS.

P. PERLINGIERI - M. ANGELONE, CODICE CIVILE, EDIZIONI SCIENTIFICHE ITALIANE, NAPOLI, 2021
More Information
IT IS ESSENTIAL TO CONSULT THE CIVIL CODE, IN AN UPDATED EDITION, INCLUDING THE CONSTITUTION, THE UE TREATIES, AND THE MOST IMPORTANT COMPLEMENTARY LAWS.
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