INSTITUTION OF PRIVATE LAW (MOD 1)

Scienze Politiche e delle Relazioni Internazionali INSTITUTION OF PRIVATE LAW (MOD 1)

1212100108
DEPARTMENT OF POLITICAL AND COMMUNICATION SCIENCES
EQF6
POLITICAL AND INTERNATIONAL RELATIONS SCIENCE
2022/2023



OBBLIGATORIO
YEAR OF COURSE 2
YEAR OF DIDACTIC SYSTEM 2019
FULL ACADEMIC YEAR
CFUHOURSACTIVITY
640LESSONS
Objectives
FOR THE STUDENT TO ACQUIRE KNOWLEDGE OF THE LEGAL SYSTEM AND THE LAWS; OF THE SOURCES OF THE LAWS AND THEIR GRADATIONS; OF THE CIVIL CODE AND ITS BOOKS, PASSING FROM THE STUDY OF THE INDIVIDUAL AND THE FAMILY, TO THAT OF SUCCESSIONS, OF BONDS AND CONTRACTS, OF CORPORATIONS, OF PROPERTY RIGHTS AND REAL RIGHTS, UP TO THE PROTECTION OF RIGHTS, ACCORDING TO THE ESSENTIAL RELEVANCE OF THE SUBJECT MATTER AND IN GENERAL, OF THE CRITICAL-LEGAL MENTALITY FOR ANY FURTHER STUDY OR STRENGTHENING OF THEIR OWN CULTURAL FORMATION. TO THIS END, THE COURSE AIMS TO ENSURE: 1)GENERAL KNOWLEDGE OF THE CONSTITUTION, THE CIVIL CODE AND THE MAIN SPECIAL LAWS OF THE CIVIL CODE; THE ABILITY TO UNDERSTAND THE FUNDAMENTAL INSTITUTIONAL, LEGAL, DOCTRINAL, JURISPRUDENCE AND SOCIAL DYNAMICS OF THE PRIVATE LAW; 2) THE ABILITY TO UNDERSTAND THE FUNDAMENTAL DYNAMICS AND THE PROBLEMS THAT CHARACTERIZE THE DISCIPLINES OF THE DIFFERENT PROFILES OF PRIVATE LAW; 3) THE ABILITY TO ANALYZE WITH AWARENESS AND A CRITICAL SENSE THE PROVISIONS OF THE CIVIL CODE, IN RELATION TO INDIVIDUAL INSTITUTIONS; 4) THE LEGAL MENTALITY AS A COMPONENT OF THE CAPACITY OF ANALYSIS OF COMPLEX SITUATIONS IN CONTEXTS OF STUDY AND WORK; 5) THE ABILITY TO CRITICALLY COLLECT AND INTERPRET DATA AND COMPLEX INFORMATION IN THE SPECIFIC FIELD OF STUDIES; 6) THE ABILITY TO COMMUNICATE TO AN AUDIENCE OF NON-SPECIALISTS, THE INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN A SPECIFIC DISCIPLINARY FIELD WITH COMMAND OF LANGUAGE AND GOOD ARTICULATION OF THOUGHTS; 7) THE INSTRUMENTS AND LEARNING SKILLS NEEDED TO FURTHER ENRICH THE LEGAL SKILLS ACQUIRED AND TO APPLY THESE SKILLS TO OTHER TEACHINGS OF THE STUDY COURSE.
Prerequisites
NO PREREQUISITE REQUIRED
Contents
THE COURSE WILL COVER THE PRINCIPAL INSTITUTES OF PRIVATE LAW: THE LEGAL SYSTEM AND THE LAWS. THE SOURCES. THE CIVIL CODE.
THE CONSTITUTION. ENTITY AND LEGAL OWNERSHIP. LEGAL RELATIONSHIP. ENTITIES. THE INDIVIDUAL AND THE RIGHTS OF THE INDIVIDUAL. LEGAL CAPACITY AND CAPACITY TO ACT. LEGAL AND
NATURAL INABILITIES. THE LEGAL PERSONS. FAMILY RELATIONS. MATRIMONY. PERSONAL AND FAMILY FINANCIAL TRANSACTIONS. FILIATIONS. ADOPTIONS. PARENTAL RESPONSIBILTY.
THE JURISTIC ACT: ESSENTIAL ELEMENTS AND VICES OF WILL. THE REPRESENTATIVE PHENOMENON. ACCIDENTAL ELEMENTS OF THE JURISTIC ACT. ASSETS. OWNERSHIP. CO-OWNERSHIP AND CONDOMINIUM. CREATION OF BENEFICIAL RIGHTS. POSSESSION AND DETENTION. USUCAPTION. CIVIL AND NATURAL RESPONSIBILITIES.
CONSTITUTING EVENTS. AMENDING EVENTS. EXTINGUISHING EVENTS. FULFILMENT AND WAYS OF EXTINGUISHING DIFFERENT FROM FULFILLING. BREACH AND FINANCIAL RESPONSIBILITY.
PLEDGING OF COLLATERAL AND PERSONAL GUARANTEES.
CONTRACT CONTENTS. PRE-CONTRACTUAL NEGOTIATIONS AND RESPONSIBILITIES. PRELIMINARY CONTRACT, OPTION AND AGREEMENT OF PRE-EMPTION. INTERPRETATION AND QUALIFICATION. TYPICALNESS AND ATYPICALNESS OF CONTRACTS.
EFFECTIVENESS OF THE CONTRACT. RESCISSION AND TERMINATION.
SINGLE CONTRACTS. UNILATERAL REPRESENTATIONS.
MANAGING SOMEONE ELSE'S BUSINESS, UNJUST ENRICHMENT, PAYMENT OF THE UNDUE HARDSHIP. THE CIVIL RESPONSIBILITY SYSTEM. ILLEGAL FACTS. LEGITIMATE AND NECESSARY SUCCESSION.
INHERITANCE AND LEGACY. WILLS. DONATIONS. THE PROTECTION OF RIGHTS. STATUTE OF LIMITAIONS AND EXPIRY. DISCLOSURE OF LEGAL FACTS. THE EVIDENCE SCHEME. EXCECUTION OF JUDGEMENT.
ENTERPRISE AND COMPANY. THE BUSINESS. PARTNERSHIPS AND CORPORATIONS. COOPERATIVES AND CONSORTIUMS.
Teaching Methods
LECTURES AND PRACTICAL APPLICATION
Verification of learning
ORAL EXAMINATION
Texts
V.D'ANTONIO, G. SCIANCALEPORE, P. STANZIONE, DIRITTO PRIVATO. NOZIONI FONDAMENTALI, GIAPPICHELLI. TORINO, 2022 (II ED.).
MOD. 1: CHAP. I - XX
MOD. 2: CHAP. XXI - XXXVII
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.
More Information
THE COURSE IS DESIGNED FOR STUDENTS WHO ATTEND REGULARLY.
STUDENTS WHO CANNOT ATTEND CAN ALWAYS RESORT TO THE TEACHER FOR SUPPLEMENTARY EXPLANATIONS.
THE TEACHING LANGUAGE IS ITALIAN.
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