Teaching code

4S00383

Academic staff

Alessandra Cordiano, Giorgia Anna Parini

Coordinator

Alessandra Cordiano

Credits

9

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/01 - PRIVATE LAW

Period

1st lecture period (1A), 1° periodo lezioni (1B)

Lessons timetable Moodle Seminars 0

Learning objectives

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.

Prerequisites and basic notions

No previous knowledge required

Program

Programm:
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.
Topics: - 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.
- Publicity.
- 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).
- Torts.
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).

Bibliography

Didactic methods

Frontal lessons.
Lectures (8 CFU, 48 hours)
The course combines 48 hours of lectures (supported by the use of PowerPoint presentations) with a 12-hour on line 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.
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Lectures will be held in presence. Lecture recordings will be available for student workers (panopto for workers) and vulnerability situations will be assessed on a case-by-case basis.

Learning assessment procedures

For those students who attend the lectures, the learning assessment will be based on an intermediate test at the end of semester 1A, written and with two/three open questions, concerning the first part of the programme (Chapters I-XVI). During the firt official call (already from the December call), the attending students can take a written test on the second part of the programme (Chapters XVII-XXIII).
In the event of a positive outcome of both written tests, the oral test will be optional at the discretion of the student(s) in the following roll(s).
In the case of a negative result in one or both written tests, the student will have to take the oral test on the part(s) on which the assessment was negative.
For those students who do not attend lectures, the assessment of learning will take the form of an oral test in the form of an interview, in which theoretical and practical knowledge of the institutes covered by the syllabus will be assessed
The assessment of learning will be carried out in Italian.
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For those students who attend the lessons and take the planned tests, the final mark will be distributed as follows:
- two written test 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 written 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 oral test (100%).
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.

Evaluation criteria

acquisition of knowledge;
critical reasoning skills;
use of specialized vocabulary.

Criteria for the composition of the final grade

30/30

Exam language

Italiano