101L - INSTITUTIONS OF PRIVATE LAW
Academic Year 2021/2022
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ROSSELLA FADDA (Tit.)
- Teaching style
- Lingua Insegnamento
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A) Thorough knowledge and understanding: the course will focus on general principles and main institutions of Italian private law, as well as basic concepts and forms of legal reasoning. Each topic will be covered taking into account the main law reforms and most innovative courts’ decisions.
B) Application of the acquired knowledge: students will develop the ability to apply theoretical knowledge to solve practical problems, beside the ability to interpret and understand private law deeds.
C) Analytical and critical approach: students will be able to independently analyze and understand regulations and their practical applications, as well as to understand and solve practical cases.
D) Communication skills: upon completion of this course students will be able to convey legal concepts with proper terminology and to discuss legal issues in an articulate way.
E) Learning ability: the course will provide students with the ability to update the acquired knowledge and develop them independently. Students will gain solid basics for advanced studies.
General knowledge acquired also through school study. Ability to understand and critically analyze a text. No examination is considered preparatory to his course.
It is not necessary to do other exams before Constitutional law.
1. Basic concepts: right, rule, legal system; law’s hypothetical base-situation; sources of law; interpretation and application of rules.
2. Dispositive fact, legal act, juristic act. Legal conditions and legal relation.
3. Jurisdictional protection of rights.
4. Subjects of law: natural person, juridical person, entities without juridical personality. Legal capacity and capacity to act, legal incapacity.
5. Personal rights.
6. Assets. Rights in rem: property, beneficial use of third-party assets and related jurisdictional protection. Joint-ownership of property. Possession. Possessory actions and petitory actions.
7. Extintive prescription and forfeiture of rights.
8. Obligations: sources; elements; Causes of modification and discharge, fulfillment, other causes of discharge, non-implementation of obligation relationship and contractual liability; types of obligations.
9. Personal liability; creditor protection and execution; tools to preserve security rights over debtor assets.
10. Collateral security and personal security.
11. Contract, private autonomy, essential and accidental elements of contracts, formation and effectiveness of contracts, preliminary contract, agency, discharge of contractual obligations (invalidity, termination, rescission).
12. Unilateral covenants and basics of negotiable instruments.
13. Statutory obligations: negotiorum gestio; undue payment; unjust enrichment.
14. Tort and tortious liability.
15. Legal publicity forms. Registration.
16) Family law; inheritance.
The following topics are not part of the program: particular types of contracts; enterprise, business assets, company; labour law; banks, insurance and related contracts; bankruptcy proceedings; civil proceeding; .
Teaching will be delivered mainly face to face, integrated with online strategies.
- Lectures given by the Professor (82 hours)
- Seminars and workshops (14 hours)
The teacher is available during office hours, along with her collaborators, to provide any clarifications necessary in order to pass the exam profitably.
Self-assessment: self-assessment questionnaires will be hand out periodically for students to evaluate their progress. The test may be assessed for the exam.
In order to assimilate certain concepts more easily, the presentation of some topics will be sometimes accompanied by the projection of Power Point slides.
Verification of learning
Oral examination: 4 to 6 questions concerning different topics will be asked.
Grading system and final marking criteria:
• Exam failure: insufficient knowledge of the subject, fundamental errors of understanding of key principles;
• 18 to 21: basic understanding of the main topics despite some gaps in argumentation;
• 22 to 24: satisfactory knowledge of the topics despite lack of depth;
• 25 to 27: good knowledge, correct use of technical terminology;
• 28 to 30: in-depth knowledge of the subject, accurate use of technical terminology, arguments are consistently well constructed;
• 30 cum laude: excellent knowledge of the subject, the topics are brilliantly covered and supported by arguments and analysis.
Students who will attend the course can take a intermediate test.
TORRENTE, Manuale di diritto privato, Milano, Giuffrè, 2019. Except : ch. XI, XII, da XXXIX a L; LII, LIII, Enterprise (LVI-LXIV).
C. CICERO, Istituzioni di diritto privato, Milano, 2020.
ROPPO, Diritto privato - Linee essenziali, Torino, 2020, except: n. 7, 13, 33, 34, 35, 36, 38; 41, 42.
NIVARRA-RICCIUTO-SCOGNAMIGLIO, Istituzioni di diritto privato, Torino, 2019, except: ch. VIII, ch. X.
It is heartily recomended to study the Institutions of private law with the constant reference to the Italian Civil Code and to other main acts, to the Italian Constitution, and to the European Treaties.
The Professor is available to meet students in her office every Friday from 11.00 to 13.00, and in platform Microsoft Teams, upon agreement.
Student can send e-mail to the mail address firstname.lastname@example.org, or to other assistant professors: Dott. Carlo Dore, wednesday h. 9.30-12.30, mail email@example.com