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

1° periodo lezioni (1A), 1° periodo lezioni (1B)

Courses Single

Authorized

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 prior knowledge is required

Program

PROGRAM The discipline, through the study of the fundamental notions, addresses the traditional object of studies of civil law, including the methodological issues affecting the subject. In particular, the course includes the learning of private law subjects in a unitary vision of the system, which also considers the impact on the internal level of supranational law, in order to better acquire the skills that will subsequently be provided by the subjects with a more professionalizing content. At the end of the course, the student will be able to understand the main private law issues emerging in the professional contexts of reference; will be able to find, examine and understand the legal sources that affect the subject; will acquire the skills and abilities necessary to collect contextual data, identify the issues that emerge and consequently manage the critical issues. *** TOPICS COVERED: - General notions: legal system, rules and principles; partitions of the legal system. - The jurisdictional context and the evidence of legal facts. - The sources; the application and interpretation of the law. - The impact of time on the legal relationship: prescription and forfeiture. - Subjective situations and legal relationships. - Facts, deeds and legal transactions (classification of transactions and contracts). - The essential and accidental elements of the legal transaction. - The publicity of legal facts. - Natural persons. Existential situations. Legal persons and collective entities. - Obligations: the sources of obligations, the constituent elements; the types of obligation. - The vicissitudes of obligations: fulfillment; ways of extinction other than fulfillment; subjective modifications of the active and passive side. - Non-fulfilment and default debendi and credendi. - Patrimonial liability and guarantees of the obligation. - Forced execution of credit - The contract: constituent elements; formation procedure; substitutions in contractual activity; invalidity; effectiveness towards the parties and towards third parties; execution and resolution. - Individual contracts. - Sources of legal acts other than contracts (the only definitions of credit instruments). - Illicit acts.

Bibliography

Didactic methods

TEACHING METHODS The lessons will be frontal. Lessons (8 CFU, 48 hours): - General notions: legal system, rules and principles; partitions of the legal system. - The jurisdictional context and the evidence of legal facts. - The sources; the application and interpretation of the law. - The impact of time on the legal relationship: prescription and forfeiture. - Subjective situations and legal relationships. - Facts, deeds and legal transactions (classification of transactions and contracts). - The essential and accidental elements of the legal transaction. - The publicity of legal facts. - Natural persons. Existential situations. Legal persons and collective entities. - Obligations: the sources of obligations, the constituent elements; the types of obligation. - The events of obligations: fulfillment; the ways of extinction other than fulfillment; the subjective modifications of the active and passive side. - Non-fulfilment and mora debendi and credendi. - Patrimonial liability and guarantees of the obligation. - Forced execution of credit - The contract: constitutive elements; formation procedure; substitutions in contractual activity; invalidity; effectiveness towards the parties and towards third parties; execution and resolution. - Sources of legal act other than contracts (of credit instruments, only the definitions). - Illicit acts. Distance lessons (1 CFU Laboratory, 12 hours) Individual contracts: consensual and real contracts; with obligatory and real effects; alienation contracts; enjoyment and loan contracts; contracts for work and services; banking contracts; aleatory contracts; donations and acts of generosity between living persons; contracts aimed at resolving disputes. Case studies on individual contracts and group work for the resolution of the case (PBS). *** The course includes a combination of 48-hour lectures (supported by the use of ppt presentations) with a 12-hour online laboratory. The lectures require 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 laboratory will be carried out in the form of group work and organized 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 use the weekly reception service, on the day and at the time indicated on the teacher's web page, to clarify any doubts or explore profiles of particular interest. *** The frontal lessons will take place in person. The recordings of the lessons will be available to students who work (panopto for workers) and for situations of vulnerability, assessed on a case-by-case basis.

Learning assessment procedures

For students attending classes, the learning assessment will be based on an intermediate test at the end of the first semester, written and with two/three open questions, regarding the first part of the program (Chapters I-XVI). During the first official exam session, attending students will be able to take a written test on the second part of the program (Chapters XVII-XXIII). In the event of a positive outcome of both written tests, the oral exam will be optional at the discretion of the student in the following exam session(s). In the event of a negative outcome of one or both written tests, the student will have to take the oral exam on the part or parts for which the evaluation was negative. For students who will not attend classes, the learning assessment will be based on an oral test, in the form of an interview, which includes the assessment of theoretical and practical knowledge relating to the institutes covered by the program. *** For students who attend classes and take the scheduled tests, the final score will be distributed as follows: - two written tests with a positive outcome on the topics covered during the course (50% + 50%) and an oral test at the student's discretion (the supplementary oral test has the function of increasing the grade of the written assessment or, in the case of a 30/30 assessment, for the achievement of honors); - in the case of a negative outcome of one or both written tests, the part or parts of the program must be assessed with the oral test (= up to 100%). For students who do not attend classes, the score refers to the oral test (100%). The final assessment is expressed in 30ths. The attribution of honors is linked to the following assessment of the oral exam test: complete control of the subject, excellent command of language, excellent analytical and argumentative skills and critical reflection on the legislation. Erasmus students are invited to contact the teachers to agree on the exam methods.

Evaluation criteria

- critical reasoning ability; - use of specialized vocabulary; - the depth and breadth of knowledge acquired; - analytical and argumentative ability; - the ability to reflect critically.

Criteria for the composition of the final grade

The grade is composed of 30/30. For attending students, there is the possibility of breaking the program into two written tests that will take place: the first, at the end of the first part of the program (chapter on forced execution); and the second, at the end of the second part of the program (chapter on unlawful act). The final grade will be the average of the two positive evaluations. For non-attending students there will be a single oral test

Exam language

italiano

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