Teaching code

4S009798

Academic staff

Stefano Gatti, Stefano Troiano

Credits

6

Also offered in courses:

• Private Law of new technologies of the course Combined Bachelor's + Master's degree in Law

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/01 - PRIVATE LAW

Period

2° periodo lezioni (2B) dal Apr 4, 2022 al May 20, 2022.

Lessons timetable Moodle Seminars

To show the organization of the course that includes this module, follow this link:  Course organization

Learning outcomes

The teaching unit aims to provide the student with the knowledge of the issues that the dissemination of new technologies, in particular digital ones, raises as concerns the rules governing private relationships, with particular attention to the need to update and adapt the traditional concepts of general civil law and to the specific provisions regulating new technologies in sectorial fields of law.
In particular, the repercussions that the use of technologies have on contract law and obligation are analyzed, as well as the remedies of private law, with particular regard to tort liability and liability for non-fulfillment of obligations by provate persons, institutions and businesses, having regard also to the relationship with the protection of personality rights.

Program

The teaching unit aims to provide the student with the knowledge of the issues that the dissemination of new technologies, in particular digital ones, raises as concerns the rules governing private relationships, with particular attention to the need to update and adapt the traditional concepts of general civil law and to the specific provisions regulating new technologies in sectorial fields of law.
In particular, the repercussions that the use of technologies have on contract law and obligation are analyzed, as well as the remedies of private law, with particular regard to tort liability and liability for non-fulfillment of obligations by provate persons, institutions and businesses, having regard also to the relationship with the protection of personality rights.

The distance lessons (1 CFU, 6 hours) (prerequisites) are dedicated to the fundamental concepts concerning the following topics:
• Obligation and general contract law
• The sources of the obligation other than the contract (undue payment, unjustified enrichment, tort)

The face-to-face lessons (5 CFU, 30 hours, supported by the use of ppt presentations or other dedicated teaching material) are dedicated to the following topics:
• The regulatory framework: the sources (national and supranational) of the regulation of new technologies
• The development of the human personality and the protection of personal data in the digital world
• The new digital goods: new real rights and possessory situations
• The succession in the digital heritage
• Fulfillment of obligations. Electronic payment instruments and digital money
• Electronic commerce contracts
• Contracts concluded through (and by) automated systems
• Blockchain and smart contracts
• Contracts for the supply of digital content or services
• The form of the contract in the light of new technologies: electronic document and signature
• The platforms and the emergence of “new” positions of weakness in the digital market
• Civil liability and digital technologies: responsibility of the Internet Service Provider; product liability;
• Civil liability and digital technologies: artificial intelligence and blockhain
• Medical liability and digital technologies
In order to foster the dialogue between different skills and enrich knowledge with the addition of practical experiences, in some lessons the teacher will be supported by professionals or external experts of the subjects dealt with.

In the final part of the course, some group focuses are organized with the support of the PBS (problem based solving) methodology. They aim at deepening the knowledge of specific topics related to the general program through group exercises. The topics of the group focuses and the respective groups will be decided during the face-to-face lectures.
At the end of the course, the students will present the in-depth papers the will have prepared in the working groups and hold a final discussion on the whole program.

Bibliography

Examination Methods

For students who have followed the lessons, the assessment of the knowledge required will be based on two different elements:

Oral exam on the topics addressed during the course
Paper and presentation of the group work (max 5000 words)

For students who have not attended the lessons, the assessment of the knowledge required will take place through a single oral discussion.

The language of the exam is Italian.

For students who have attended the lessons and carried out the scheduled tests, the final score will be divided as follows:
Oral exam on the topics covered during the course (50%)
Group work paper and presentation (max 5000 words) (50%)

For students who have not attended the lessons, the score refers to the single oral exam.

The evaluation will take place through the following criteria:
- the depth and breadth of the knowledge acquired;
- the property of language;
- analytical and argumentative ability;
- the capacity for critical reflection.

The final evaluation is expressed in 30ths.