PRIVATE LAW II (CONTRACTS AND OBBLIGATIONS)
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- ARIANNA THIENE
- Credits
- 12
- Didactic period
- Primo Semestre
- SSD
- IUS/01
Training objectives
- The aim of the course is to analyse critically and systematically the legal institutions of the 4th book of the Italian civil code (Obligations), taking the latest teaching and jurisprudence perspectives into account. Obligations and contracts in general will be analysed, together with individual contracts, non-contractual sources of obligations (unilateral promises, negotiorum gestio, undue payment, unjust enrichment) and civil liability.
The lessons will provide students with the following skills: knowledge of technical legal language, a study method for the analytical knowledge of legal institutions and their most controversial interpretations, and dynamic and systematic overviews of regulations.
To familiarise with the practical and applicative aspects of civil law, the current civil code will be constantly used to trace jurisprudential developments, discuss passed and in progress law reforms, and analyse (both in writing and orally) practical cases. Prerequisites
- Good knowledge of the general principles and fundamental institutions of private law and sources of Italian law and the Italian constitution.
Knowledge of the structure and contents of the Italian civil code is essential.
Students must have passed the exams of constitutional law, institutions of private law, civil law I, european union law, which are preparatory subjects. Course programme
- The course monograph focuses on civil liability. In the light of the latest jurisprudential knowledge, the course examines the subjective and objective elements of tort, items of consequential damage compensation (patrimonial and non-patrimonial), standard and non-standard code hypotheses of special liability. Together with compensation, students will analyse injunction and restitution to safeguard juridical situations protected by law. Practical cases will be proposed for each of these topics and students will be involved in their solution, which may be in written or oral form (45 hours).
Further lessons will focus on obligations in general, contracts in general, individual contracts and non-contractual sources of obligations (unilateral promises, negotiorum gestio, undue payment, unjust enrichment) (35 hours). Didactic methods
- Teaching is carried out through lectures analysing the interpretation and application of private law.
In addition to examining the subjects, students will solve the latest and most interesting practical legal cases. Seminars will be organized for this purpose.
Particularly important will be the didactic integration carried out with the activity of the course tutors, who will hold, as always, methodological and in-depth seminars and exercises, as well as, at the request of the students, receptions and simulated examinations.
Further information can be found on Prof. Arianna Thiene's teaching page. Learning assessment procedures
- The exam is divided into a written and an oral part. In the written part, students must discuss a practical case of civil liability. In the oral part (which students can access independently of their result in the written part), students will be asked a series of questions to verify their knowledge and critical understanding of the subject. There will be about four questions. Special relevance will be given to their knowledge of the law. Clear exposition and systematic setting of topics in context are also required.
Final grading is given by the sum of the written (which counts 30%) and oral (which counts 70%) exams. Reference texts
- In preparation for their exam, students are required to study the following chapters of the book by PAOLO ZATTI e VITTORIO COLUSSI, Lineamenti di diritto privato, ult. ed., Cedam, Padova: chapter 15 (Il rapporto obbligatorio), 16 (Adempimento e inadempimento), 17 (Tipi particolari di obbligazione), 18 (La successione nel credito e nel debito), 19 (La garanzia patrimoniale), 20 (L’autonomia contrattuale), 21 (Gli elementi del contratto), 22 (L’efficacia del contratto), 23 (Validità e invalidità del contratto), 24 (Scioglimento del contratto), 25 (I contratti di alienazione), 26 (I contratti di utilizzazione), 27 (I contratti di prestazione d’opera o di servizi), 28 (I contratti di assicurazione), 29 (I contratti per la soluzione delle controversie), 30 (Atti e fatti diversi dal contratto), 34 (Fatti illeciti e responsabilità).
For the section about civil liability (Libro IV, Titolo IX, Dei fatti illeciti): Mario Barcellona, La responsabilità civile, in Trattato del Diritto Privato (diretto da Salvatore Mazzamuto), VI, t. I, Giappichelli Editore, ed. 2021.
Use of any of the latest editions of the Italian Civil code, the Constitution and the main complementary laws is essential.
For the solution of practical cases it may be useful to consult the volume Nicola Cospite, Casi e soluzioni di diritto civile, Pacini Giuridica, 2020.
