INSTITUTIONS OF PRIVATE AND COMPARATIVE LAW

Diplomatic, International and Global Security Studies INSTITUTIONS OF PRIVATE AND COMPARATIVE LAW

1212500022
DEPARTMENT OF MANAGEMENT & INNOVATION SYSTEMS
EQF6
DIPLOMATIC, INTERNATIONAL AND GLOBAL SECURITY STUDIES
2022/2023

OBBLIGATORIO
YEAR OF COURSE 1
YEAR OF DIDACTIC SYSTEM 2019
AUTUMN SEMESTER
CFUHOURSACTIVITY
1MOD. ISTITUZIONI DI DIRITTO PRIVATO
642LESSONS
2MOD. DIRITTO PRIVATO COMPARATO
642LESSONS
ExamDate
ZAMBRANO / IORIO20/02/2023 - 10:00
ZAMBRANO / IORIO20/02/2023 - 10:00
ZAMBRANO / IORIO12/04/2023 - 10:00
Objectives
THE COURSE IS AIMED AT OFFERING A SYSTEMATIC KNOWLEDGE OF THE ITALIAN PRIVATE LAW SYSTEM, AND THE INFLUENCE OF THE EUROPEAN LAW. ITS PURPOSE IS TO PROVIDE THE LEGAL NOTIONS FOR ENABLING STUDENTS TO UNDERSTAND THE RULE OF LAW, THE DYNAMICS OF PRIVATE AUTONOMY, FAMILY RELATIONSHIPS, AND SO ON. PARTICULAR ATTENTION WILL BE PAID TO THE STUDY OF CONTRACT LAW. AT THE END OF THE COURSE, THE STUDENTS WILL GAIN, AND WILL BE ABLE TO MANAGE, THE FUNDAMENTAL NOTIONS OF PRIVATE LAW. THEY ALSO WILL BE ABLE TO MASTER LEGAL LANGUAGE AND TO UNDERSTAND THE CONCEPT OF SUBJECTIVE RIGHTS AND THEIR SCOPE. THROUGH THE COURSE THE STUDENT COULD DETECT THE IMPORTANCE OF THE RULE OF LAW IN SOCIAL LIFE, BUT ALSO THE UNITY OF THE LEGAL SYSTEMS AND THE IMPORTANCE OF AN INTERDISCIPLINARY APPROACH. THE COURSE IS ALSO AIMED AT MAKING THE STUDENT CONSCIOUS OF THE HYBRIDIZATION OF PRIVATE LAW MODELS IN A TRANSDISCIPLINARY PERSPECTIVE. THE COURSE WILL BE DIVIDED INTO TWO MODULES: ONE AIMED AT PROVIDING THE KNOWLEDGE OF THE ITALIAN PRIVATE LAW; THE OTHER AIMED AT SHOWING THE RELATIVITY OF THE PRIVATE LAW CATEGORIES, IN RELATION TO THE FORMATION OF THE LEGAL SYSTEMS.
Prerequisites
KNOWLEDGE OF THE ITALIAN LANGUAGE; BASIC HISTORICAL KNOWLEDGE.
Contents
FIRST MODULE: 40 HOURS.
 THE ITALIAN CIVIL CODE.
THE PROTECTION OF THE SUBJECTIVE SITUATIONS
1) THE SUBJECTS. PHYSICAL PERSON. RIGHTS OF THE PERSONALITY. THE LEGAL ENTITY.
2) THE FAMILY. THE PROPERTY REGIME. THE SEPARATION AND DIVORCE.
4) GOODS, POSSESSION. PROPERTY.
5) OBLIGATIONS.
6) THE CONTRACT. THE AGENCY. THE SIMULATION. MISTAKE AND MISREPRESENTATION. THE INVALIDITY OF THE CONTRACT. THE TERMINATION OF THE CONTRACT.
7) TYPICAL AND ATYPICAL CONTRACTS. GENERAL NOTIONS.
8) CIVIL LIABILITY. FUNCTIONS AND GENERAL DISCIPLINE. THE DAMAGE.
9) PROTECTION OF RIGHTS. THE PROTECTION OF THE RIGHTS.
THE TRANSCRIPTION. THE GARANTEE FOR PRESERVING THE ASSET . PRESCRIPTION AND FORFEITURE.
SECOND MODULE: 40 HOURS.
1) THE IUS COMMUNE AND THE WESTERN LEGAL TRANSLATION
2) COMPARISON AND CRITICISM OF LEGAL POSITIVISM
3) EQUITY, BONA FIDES, TREU UND GLAUBEN
4) THE CONTRACT IN EUROPE
SECOND MODULE: 40 HOURS.
THE CIVIL LAW SYSTEM
THE UNIVERSITY REVOLUTION
CODE CIVIL AND BGB
THE CIVIL LAW LEGAL SYSTEMS IN THE EUROPEAN UNION
THE EVOLUTION OF THE ANGLO-AMERICAN SYSTEMS
JURISPRUDENCE
THE PARTITIONS OF LAW
THE COMMON LAW MODEL IN A DYNAMIC PERSPECTIVE
MEETINGS OF THE WESTERN LEGAL TRADITION (CHINA, JAPAN, LATIN AMERICA)
Teaching Methods
CONVENTIONAL TEACHING METHODOLOGY, LECTURES AND SEMINARS
WITH STUDENT INTERLOCUTION AND CASE DISCUSSION.
MODULE ONE: LECTURES (40 HOURS)
MODULE TWO: LECTURES (40 HOURS)
Verification of learning
THE EXAMINATION IS ORAL, AT THE END OF THE COURSE AND TENDS TO VERIFY THE ACQUISITION OF THE CONTENTS OF THE COURSE, THE COMPETENCES RELATED TO THE FUNDAMENTAL CONCEPTS OF THE DISCIPLINE AND THE ABILITY OF THE STUDENTS TO DEVELOP ADEQUATE REASONING FOR A CORRECT PROSPECT OF THE LEGAL QUESTIONS, WITH AWARENESS OF THE TECHNICAL, LEGAL, CULTURAL, PRACTICAL AND VALUE ASPECTS. IN OTHER WORD THE EXAM IS AIMED AT
1) ASCERTAIN THE STUDENTS' KNOWLEDGE AND SKILLS AS DESCRIBED IN SECTION "EDUCATIONAL OBJECTIVES AND EXPECTED LEARNING OUTCOMES".
2) THE FINAL EVALUATION IS FORMULATED WITH A NOTE, EXPRESSED IN
THIRTY (30/30)
Texts
- F. RUSCELLO, ISTITUZIONI DI DIRITTO CIVILE, CACUCCI ED., BARI, 2017.
- A. MAIETTA, IL PRINCIPIO DI AUTORESPONSABILITÀ. IL MODELLO DEL DATA PROTECTION OFFICER, GIAPPICHELLI, 2020.
More Information
THE ATTENDANCE OF THE COURSE IS ABSOLUTELY ESSENTIAL FOR THE PREPARATION OF THE EXAM.
EQUALLY INDISPENSABLE IS THE USE OF AN UPDATED CIVIL CODE.LANGUAGE: ITALIAN, BUT LESSONS COULD ALSO BE HELD IN ENGLISH, AS WELL AS EXERCISES AND RESEARCH REPORT PROCESSING. THEREFORE, THE USE OF DOCUMENTARY AND BIBLIOGRAPHICAL SOURCES IN ENGLISH IS ALSO ENVISAGED.
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  • Diplomatic, International and Global Security Studies