PRIVATE LAW I (FAMILY AND SUCCESSION
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- FRANCESCO OLIVIERO
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/01
Training objectives
- Main knowledge acquired: The course has two aims. The first is to complete the study of the institutional foundations of Private Law (Family Law and the Law of Successions); the second is to make a focus on the Law of Successions, in relation with whom the studentes will gain a new and more critical method of study that will be developed through exercises and discussion of case-law.
Main ability acquired: comprehension of the significance of the principles governing the civil law; acquisition of an appropriate technical lexicon; capability of understanding civil law provisions; ability of critically analyze problematic issues of the Law of Successions and Family Law. Prerequisites
- Students are required to have a solid knowledge of the principles and fundamental rules of Private Law - especially the Law of Obligations and the Law of Contract - and of the system of sources of the italian Law.
In addition, they are required to know the structure and the contents of the italian Civil Code.
Institutions of Private Law and Constitutional Law are propaedeutic exams. Course programme
- Lectures and excercises deal with the Law of Successions.
Lectures:
1) The phenomenon of Succession and the Law of Successions. Inheritance pacts (4 hrs);
2) Basic notions of inheritance Law (3 hrs);
3) The opening of succession; “Vocazione” and “delazione” (5 hrs)
4) “Accettazione” and “rinuncia”; Petitio Hereditatis; Hereditas iacens (4 hrs)
5) Persons entitled to reserved portion and Legitimate Succession (8 hrs);
5) The Will; Inheritance and legacy; the Disinheriting (8 hrs)
7) The form of the Will; the invalidity of the Will; the execution of the Will (4 hrs)
8) Common ownership of the heirs and division (4 hrs).
Every point of the course programme will be discussed with case-law and exercises (1 hr per point). Didactic methods
- Lessons will be held in presence.
The course is dedicated to the analysis of the institutions of the Law of Successions and will address some problematic issues of this field of Private Law, related to recent legislative reforms, to the desired further action of the legislature, and the most important related case-law.
Exercises will be held (once per week) parallel to lessons: case studies will be used and students will have to solve them with written papers (that will be discussed) or as part of discussions. Learning assessment procedures
- The examination consists of a written test and an oral exam.
In the written test, the student is called to face and solve a case related to the field of the Law of Successions. The oral examination - to which the student has always the right to access, regardless of the evaluation obtained in the written examination - tests the knowledge and in-depth understanding of the Law of Succession and the institutional knowledge of Family Law. The oral examination consists of at least 4 questions, except the first answers show an evident lack of knowledge; more questions shall be asked in order to define the evaluation.
The final mark is the result of the sum of the one obtained in the written test (for 1/3) and the oral exam (for 2/3). Reference texts
- For the Law of Successions:
- G. BONILINI, MANUALE DI DIRITTO EREDITARIO E DELLE DONAZIONI, 11th ED., TORINO (UTET), P. 1-460
For Family Law:
- A. TORRENTE, P. SCHLESINGER, MANUALE DI DIRITTO PRIVATO, 25° ED., MILANO (GIUFFRE'), 2021, p. 1195-1324.
Students are required to use the text of the italian civil Code. It is suggested to use one of the following (or other similar): DI MAJO, CODICE CIVILE E LEGGI COLLEGATE, GIUFFRE', ULT. ED.; DE NOVA, CODICE CIVILE E LEGGI COMPLEMENTARI, ZANICHELLI, ULT. ED.
