CONTRACTS RELATING TO LAND AND BUILDINGS
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- CHIARA AGOSTINI
- Credits
- 9
- Curriculum
- Esperto giuridico immobiliare
- Didactic period
- Primo Semestre
- SSD
- IUS/01
Training objectives
- Main knowledge acquired. In-depth knowledge of the main contracts related to immovable property. In addition, knowledge of other contracts, such as: mediation, mandate, loan, contract for work and services, annuity and settlement-agreement.
Main ability acquired. Special attention will be paid to practical application, through the analysis of the most common forms of contracts and the related case-law. Students will be able to draw up contracts relating to land and buildings and to independently and critically analyze the main problems relating to these contracts. 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 and of the most important legislative acts related to the immovable property.
Institutions of Private Law and Constitutional Law are propaedeutic exams. Course programme
- The lectures focus on the various problems related to the contracts for immovable property, as well as to the other contracts listed above in the “training objectives”. Case law and law reforms are analyzed. About 20 hours are dedicated to the law of sales; about 2 hours to each of the other contracts.
Didactic methods
- Lessons are partly structured as lectures (the ones that analyzes the basic rules of each contract) and partly as seminars that require the active participation of the students, who are called to discuss practical cases proposed by the teacher as well as to examine the case-law.
An updated edition of the Civil Code is required. Learning assessment procedures
- Oral exam: it tests the knowledge and in-depth understanding of the discipline of the contracts related to immovable property as well as the capacity to speculate and to discuss the case-law. The oral examination consists of at least 3 questions, except the first answers show an evident lack of knowledge; more questions shall be asked in order to define the evaluation.
It’s very important to achive a complete knowledge of the structure of the civil code and of the main legislative acts relating to immovable property: this knowledge is verified during the oral examination.
Erasmus students, in place of the oral exam, must submit a paper on a topic agreed whit the teacher. Reference texts
- 1) F. Galgano, Trattato di diritto civile, Volume 2, III ed., Cedam, Padova, 2015, p. 317 - 336, 481 - 513, 563 - 564, 600 - 603, 671 - 710, 743 - 765, 793 - 800, 809 - 815, 817 - 821, 827 - 833, 919 - 921.
2) V. Roppo (a cura di), Trattato dei singoli contratti, Volume 1, Giuffrè, Milano, 2014, p. 633 - 688, 705 - 762, 817 – 833.
3) G. Gitti, M. Maugeri, M. Notari (a cura di), I contratti per l’impresa, Volume 1, Il Mulino, Bologna, 2013, p. 233 - 276, 435 – 451.
4) Di Rosa Giovanni, La disciplina della locazione finanziaria nella prima legge annuale per il mercato e la concorrenza, in I contratti, 2018, pp. 215-230
Further updated readings will be communicated at the beginning of the Course.
