REAL ESTATE RIGHTS AND CONDOMINIUM OF BUILDINGS
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- SIMONE VANINI
- Credits
- 9
- Curriculum
- Esperto giuridico immobiliare
- Didactic period
- Secondo Semestre
- SSD
- IUS/01
Training objectives
- Main knowledge acquired: the course aims at providing a detailed analysis of the rules on the right of ownership and property interests, in relation with whom the studentes will gain a new and more critical method of study
Main abilities acquired: from a methodological point of view, the course aims at enabling the students to carry out a critic assessment of the relevant law provisions as well as to examine the most relevant case law, in order to allow them to reach a more systematic and practice-oriented approach. Prerequisites
- As a prerequisite, students need a good knowledge of the general principles of Italian Private Law, with particular regard to the law of obligations and contracts and to the sources of Italian Law. A good knowledge of the structure of the Italian Civil Code and of the related law acts is also required.
As a prerequisite, the student needs to have passed the following exams: Istituzioni di Diritto Privato e Diritto Costituzionale. Course programme
- Introduction: the system of the sources of the right of ownership and property interests in the framework of Italian Private Law.
The following topics are subject matter of specific analysis: the course will constist of lectures focusing on several issues relating to the right of ownership and property interests. Subject matter of specific analysis will be in particular: rules on common ownership as modified by Law 11th December 2012, No 220 as well as the enforcement measures.
Research on law sources: particular attention will be dedicated, also by means of practical exercises, to research activity related to the main sources of law.
Each lesson will be divided into two parts: in the first, the teacher will introduce the topic and the second part will be dedicated to the discussion of contracts and of case law of particular relevance.
The course will be divided into: general principles of property interests and goods (9 hours), the right of ownership and its limits (7 hours), possession (3 hours), property interests (11 hours), transcription (15 hours), the new rules concerning the codominium after law 11 December 2012 No 220 (15 hours). 10 hours Didactic methods
- The course consists of lectures (held in presence) dedicated to the analysis of the interpretative and applicative issues of the rules on the right of ownership and property interests, with a specific focus on the common ownership. Recent law reforms and case law will also be subject of analysis.
Learning assessment procedures
- Oral examination consisting of two theoric questions and of one question concerning the discussion of case law.
It is required a good knowledge of the Civil Code relating to the arguments analysed during the course.
The final mark is the result of the mark achieved in the examination concerning the theoric questions (which counts for 2/3) as well of the mark achieved in the discussion of case law (which counts for 1/3). Reference texts
- 1) F. Gazzoni, Manuale di diritto privato, XX ed., Napoli, 2021, p. 197-314.
2) C.M. Bianca, Diritto civile 6. La proprietà, 2a ed., Milano, 2017, p.317-400
