774 - PRIVATE LAW
Academic Year 2021/2022
Free text for the University
CARLO DORE (Tit.)
- Teaching style
- Lingua Insegnamento
|[11/75] BUSINESS AND ECONOMICS||[75/15 - Ord. 2017] AMMINISTRAZIONE E CONTROLLO||9||54|
|[11/75] BUSINESS AND ECONOMICS||[75/35 - Ord. 2017] MARKETING E ORGANIZZAZIONE||9||54|
|[11/75] BUSINESS AND ECONOMICS||[75/66 - Ord. 2017] INTERNAZIONALE UNICA-BIELEFELD||9||54|
|[11/75] BUSINESS AND ECONOMICS||[75/67 - Ord. 2017] INTERNAZIONALE UNICA-PRAGA||9||54|
The main aim of this course is to provide students with a thorough understanding of the general and core principles of private law, specifically focusing on legal obligations and contracts. Students will also be given the opportunity to acquire a sound understanding of the application of its regulatory scheme.
The learning objectives of this course are:
- Learning the general and core concepts and principles of private law, with particular focus on legal obligations and contracts.
- Developing the ability to apply the core principles and concepts of private law to practical case studies.
- Developing the ability to use the available sources and acquiring basic argumentative skills.
- Acquiring legal terminology and being able to convey clear and effective messages and results. Discussing issues and possible implications.
- Acquiring and making use of sound methodology during legal practice.
There are no compulsory courses to be taken before this exam.
The following topics are part of the course syllabus. This list is not exhaustive and other subtopics may be discussed during each lecture:
1. Introduction to private law, rules, the Italian legal system. Sources of private law, interpretation and application of the rules of private law.
2. Juridical facts and legal influence, with a focus on ad hoc cases and their legal relationship and validity.
3. Protection of legal rights, including an introduction to rules regarding evidence, its effect on legal action and court proceedings.
4. Principle of nullity and its limits.
5. Disclosure and recording of deeds.
6. Juridical persons: natural persons, legal persons, legal entities without juridical personality (unincorporated).
7. Personality rights.
8. Real estate property or real rights to properties: property, acquisition of property rights to use and related legal protection. Community of goods. Joint ownership of property. Ownership of property.
9. Sources and principles of the law of obligations, amending matters and clearance, breach of contractual obligations and liability. Types of obligations.
10. Financial liability. Credit protection and enforcement orders. Equitable remedies to protect property rights.
11. Collateral or personal guarantees (including surety bonds and guarantees callable on first demand).
12. Theory of legal transactions and contracts (e.g. private autonomy, essential and accidental elements of a contract, preparation and validity of a contract, legal representation, contractual defects, standard contracts, consumer contracts).
In-class lecturers. Seminars to discuss practical case studies. Tutoring.
Courses will be held in person, but will also be accessible online
Verification of learning
Writing preliminary test; oral test.
Students will pass the exam if they correctly answer six of the ten questions of the writing test, and if they prove in the oral test their ability to understand and discuss the topic at hand using the appropriate terminology. Each student’s performance is graded according to a 30-point scale. The passing grade is set at 18/30
Students have to consult a updated italian civil code, and they have to study the subject from one of these books:
- TORRENTE - SCHLESINGER, Manuale di diritto privato, Giuffrè, Milano, ult. ed.
- GALGANO, Diritto privato, CEDAM, ultima edizione;
- LUCCHINI GUASTALLA, Istituzioni di diritto privato, Giuffrè, Milano, ult. ed.
- CICERO, Istituzioni di diritto privato, Le Monnier, ult. ed.
The professor will receive students in the virtual classroom on MS TEAMS (https://teams.microsoft.com/l/channel/19%3ab4cefb55a8dc4f5c8670f9612e7ee180%40thread.tacv2/Generale?groupId=098a9a29-396a-4c09-b8ef-6b2288340450&tenantId=6bfa74cc-fe34-4d57-97d3-97fd6e0edee1). Students can send e-mail to the mail address email@example.com.