INSTITUTIONS OF PRIVATE LAW
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- MARCELLO FARNETI
- Credits
- 9
- Didactic period
- Secondo Semestre
- SSD
- IUS/01
Training objectives
- The course aims at providing students with the knowledge of the institutions and fundamental rules of Italian Private Law. It is thus focused on in-depth analysis of the structure and basic contents of the Law of obligations, the Law of contract and other sources of obligations (Main acquired knowledge). In order to provide the main theoretical tools for the understanding of regulations, particular attention will be paid to legal sources, as well as to the categories and basic notions of Private Law (Main acquired ability).
Prerequisites
- Besides having a good knowledge of the Italian language and its grammar, students are required to have learning skills as well as the ability of logical reasoning.
Course programme
- A first institutional part of the course (lectures for a total of ca. 25 hours out of 60) is dedicated to fundamental categories, notions, sources, subjects, legal facts and acts of Italian Priate Law. The second part of the course (lectures for a total of ca. 35 hours out of 60) is dedicated more specifically to Law of Obligations, Law of Contract and Tort Law.
All the following arguments are included in the course programme: Private and Public Law. Branches and sources of Private Law. Legal relationships. Subjective rights and powers. Prescriptions and limitations. Natural and legal subjects. Legal capacity and capacity to contract. Legal and natural lack of capacity. Real estates and goods. Property rights. Legal facts and acts. Classification of legal acts. Transactions. Contract. Declaration of will. Form and public disclosure. Simulation. Lack of will. Power of attorney. Reason of the transaction. Accidental elements. Interpretation and effects. Unconditional rights. Individual rights. Law of obligations. Content and object of the obligation. Change of the subject. Specific performance and different ways of cancelling obligations. Breach of obligations and debtor’s delay. Debtor’s liability. Pre-emption. Contract. Essential requirements. Different types of contracts. The conclusion of contract. Tort in negotiation. Unequal terms and pre-listed contracts. Effects on third parties. Breach. Discharge of duties, impossibility of performance, extraordinary and unequal change of conditions. Typical and atypical contracts. Law of torts. One-sided promises. Management of business. Undue payment. Unjustified enrichment. Didactic methods
- Lectures during which the institutions of Italian Private Law will be illustrated, more specifically, also by the analysis of practical cases, in dialogue with the students (for a total of 6-8 hours). Students are also required to have on their disposal an updated version of the text of Italian civil code [for example Di Majo (cur.), ed. Giuffrè, 2022; De Nova (cur.), ed. Zanichelli, Bologna, 2022; Izzo (cur.), ed. Simone, 2022].
Learning assessment procedures
- Oral examination during which students are required to discuss 3-4 questions focused on institutions and issues treated during the classes, in order to verify in-depth understanding and criticism of the themes studied during the course.
In order to pass the exam students must be able to cope with concepts and language of Private Law and must have a good knowledge of the structure as well as the contents of the Italian Civil Code; besides that they have to possess the capacity to make use of the latter, i.e. to find, to coordinate and to classify the rules and dispositions which regulate the single institutes. During the examination to each competence will be assigned a proportional weight in the context of an evaluation composed of thiertieths.
It is possible to take the exam in two parts, with the first one in the week immediately after the course, only if the second one is passed not later than September. Reference texts
- V. ROPPO, Diritto privato, 8th ed., Giappichelli, 2022 [except chapter IX (47-48), X, XI (55-59 e 61), XII e XIII (66-69)]
Students interested in deepening the study of the above mentioned reference text are invited to make use of the following handbooks, which contain a more specifical analysis of the arguments treated during the course:
- A. TORRENTE - P. SCHLESINGER, Manuale di diritto privato, 25th ed., Giuffrè, 2021
- NIVARRA-RICCIUTO-SCOGNAMIGLIO, Diritto privato, 6th ed., Giappichelli, 2021
- A. TRABUCCHI, Istituzioni di diritto civile, L ed., Cedam, 2022
