Scientific Disciplinary Sector (SSD)
IUS/01 - PRIVATE LAW
1° periodo lezioni (1A), 1° periodo lezioni (1B)
The course is intended to provide the student with the knowledge of the sources of civil law, in a unified vision of the legal system, with analysis, understanding and comparison of legal norms, also of the European Union.
At the end of the course, the student will be able to elaborate on legal issues concerning the main topics of the subject, in both oral and written forms, developing proper reasoning and argumentation, using an appropriate and specific vocabulary, reaching independent judgement on actual cases, adopting a method based on continuous learning and knowledge updating.
The discipline, through the study of the fundamentals, deals with the traditional object of study of civil law, including questions of method concerning the subject.
In particular, the course envisages the learning of the subjects of private law in a unitary vision of the system, which also considers the impact of supranational law on the domestic level, in order to better acquire the skills that will subsequently be provided by the more professional subjects.
At the end of the course, the student will be able to understand the main legal issues arising in the professional contexts of reference; he/she will be able to find, examine and understand the legal sources that affect the subject; he/she will acquire the skills and abilities necessary to collect contextual data, identify emerging issues and consequently manage critical issues.
The lessons will be held in the classroom and will be available to students even via live streaming through a zoom link. The recording of each lesson will also be published on the moodle page of the course.
Lectures (8 CFU, 48 hours)
- Legal system, rules and principles; partitions of the legal system.
- The jurisdictional context and evidence of legal facts.
- Sources; application and interpretation of the law.
- The impact of time on legal relations (prescription).
- Subjective situations and legal relationships.
- Facts, acts and legal transactions (classification of contracts).
- The essential and accidental elements of contracts.
- Persons. Existential situations. Legal persons and collective bodies.
- Obligations: sources, elements, types.
- Fulfillment; modes of extinction other than performance; subjective modifications of the active and passive sides.
- Non- Fulfillment and mora debendi and credendi.
- Guarantees of the obligation.
- Enforcement of credit
- The contract: constitutive elements; formation procedure; substitutions in the contractual activity; invalidity; effectiveness towards the parties and towards third parties; execution and termination.
- Individual contracts.
- Sources of legal acts other than contracts (only definitions of debt instruments).
Lectures (1 CFU Lab, 12 hours)
Individual contracts: consensual and real contracts; compulsory and real contracts; contracts of alienation; contracts of enjoyment and loan; contracts of work and services; banking contracts; contracts of chance; donations and acts of liberality between living persons; contracts for the settlement of disputes.
Case studies on individual contracts and group work for case resolution (PBS).
The course combines 48 hours of lectures (supported by the use of PowerPoint presentations) with a 12-hour workshop.
The lectures involve the active participation of the students. Students are invited to come to class with the Civil Code and other legislation that will be indicated, in order to develop an adequate ability to read and interpret the disciplines.
The workshop will take the form of group work and organised according to the Problem Based Solving (PBS) method, through the analysis of case studies to be solved in class.
During the academic year, students will be able to make use of the weekly reception service, on the day and at the time indicated on the teacher's web page, to clarify any doubts or to study in depth profiles of particular interest.
Visualizza la bibliografia con Leganto, strumento che il Sistema Bibliotecario mette a disposizione per recuperare i testi in programma d'esame in modo semplice e innovativo.
For the students who will follow the lectures, the verification of the learning will be based on two written pre-assessments, with two/three open questions, concerning the first (chapters I to XVII) and the second (chapters XVIII to XXIV) part of the program.
In case of a positive outcome of both pre-tests, the oral test will be optional at the discretion of the student.
In the event of a negative result in one or both of the pre-assessments, the student must take the oral test on the part(s) for which the assessment was negative.
For those students who do not attend the lessons, the verification of learning will take place through a first part that will consist of a test with multiple-choice questions, aimed at ascertaining the student's minimum mastery of the basic notions of private law; the negative evaluation of the written test does not preclude the second part of the assessment.
The second part, in the form of an interview, is designed to ascertain theoretical and practical knowledge of the institutions covered by the program
The assessment of learning will be carried out in Italian.
For those students who attend the lessons and take the planned tests, the final mark will be distributed as follows:
- two pre-assessments with a positive outcome on the topics dealt with during the course (50%+50%) and an oral examination at the student's discretion (the supplementary oral examination is intended to increase the mark of the written assessment or, in the case of a 30/30 assessment, to obtain an honours degree);
- in the event of a negative result in one or both of the pre-assessments, the part or parts of the programme must be assessed in the oral test (= up to 100%).
For students who do not attend the lectures, the score is referred to the written test together with the oral test (together 100%: the oral test has only an orientation function for the student).
The evaluation will take place through the following criteria
- the depth and breadth of the knowledge acquired;
- the property of language
- Analytical and argumentative capacity;
- capacity for critical reflection.
The final assessment is expressed in 30ths. The awarding of honours is linked to the following evaluation of the oral examination: complete control of the discipline, excellent command of language, excellent analytical and argumentative capacity and capacity for critical reflection on the regulations.