Scientific Disciplinary Sector (SSD)
IUS/01 - PRIVATE LAW
1° periodo di lezioni dal Sep 30, 2019 al Dec 14, 2019.
The course has the objective to make acquire: - the basic ability to find 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. - the ability to set up in written and oral legal issues related to the main issues of the subject, with ac-quisition of an appropriate and specific vocabulary, ability to formulate independent judgments on concrete cases, a method that allows the continuous learning and updating of knowledge.
This course, studying the basics, attends to analyze the traditional area of private law, including the most relevant methodological issues. Considering the influence of European Law, the course deepens the knowledge of private law concept under a global prospective of the system.
The teaching will focus on the general part of private law, and on the laws of persons and legal persons, subjective rights, obligations and corresponding sources, specific contracts, consumer contracts, lawful sources of obligation, different from contracts; unlawful acts as sources of obligations.
This course, in other words, will give students instruments to understand the main emerging and practical issues; to find out and analyze legislative sources; to acquire skills to understand the main questions and their critical issues.
Lectures, with active participation by the students including through the analysis of case studies. Students are strongly advised to come to lectures with Civil Code and the relevant legislation analysed during the lectures, so that they can develop an adequate ability to read and interpret the law.
Anyway, students have the possibility to resolve uncertainties during the weekly student meeting according the timetable published in the professor’s webpage.
General concept: legal system, legal sources, law enforcement, subjective positions, contractual and non-contractual relationships.
The influence of time in legal relationships: prescription and peremptory time limits.
Facts and legal acts (classification of contracts). Primary elements of legal acts. Register and publication of legal facts.
Rules of evidence and jurisdictional context.
Law of persons. Natural persons. The existential situations. Legal persons and unrecognized institutions.
Law of obligations. Breach of contracts and obligations. Guaranties. Forced execution of credit.
Sources of obligation. Analyse of contract: formation, replacement in contractual activities, invalidity of the contract, effectiveness and execution.
Types of contracts.
Lawful sources of obligation, different from contracts (only definitions regarding the bills of exchange). Unlawful acts as sources of obligations.
F. Ruscello, Compendio di Istituzioni di diritto privato, Amon, 201, Chapters I-XXIV
||Compendio di istituzioni di diritto privato
For attending students, self-assessment tests will be provided during the course and the final exam will be oral.
For no attending students the exam final exam will consist of two parts: pre-selection tests (multiply choice), to verify the knowledge of basic, followed by an oral exam to ensure the comprehension of theory and practical questions in program.
The comprehension of all the parts of the program is considered equivalent for the final evaluation.
The result of the examination will be expressed in thirtieths.
Erasmus students are requested to contact the teacher to agree the program.