The Civil Law course offers in-depth monographic studies of private law in order to introduce students to the active use of the relevant notions and their application in research or in the practice of legal professions.
Within the aforementioned educational objectives, particular attention will be paid to students' attainment of advanced skills in: legal interpretation; and the identification and critique of case law.
Within the aforementioned educational objectives, the aim will be in particular to ensure that students acquire advanced skills in the following areas: interpretation of the law; identification and criticism of case law decisions.
The provisions of the teaching regulations in reference to the propaedeutic nature apply.
Frontal lessons
I. The sources of private law as a historical problem. Rule of law, paradigm of law and modern codification. “Civil law” and “commercial law”. Civil code and constitutional principles. The interpretation of the law and the role of jurisprudence; principle of equality and analogy; general clauses. The new supranational sources. Studies and problems of “legal drafting”. Circulation of models and dialogue between the Courts. Tools and techniques of bibliographical and jurisprudential research.
II. Termination of the contract for non-fulfilment.
III. Confirmatory deposit and penalty clause.
IV. Unjustified enrichment and restitutions.
V. The disposition of the body and the rights of personality. Law no. 219/2017, so-called “on the living will”: open problems and prospects for reform.
1. D. Carusi, L’ordine naturale delle cose, Giappichelli, 2011, limited to chapter VI. (pp. 75)
2. D. Carusi, La legge sul biotestamento. Una pagina di storia italiana, Giappichelli, 2020 (pp. 120)
3. Texts of Acts, sentences and related doctrinal comments that will be made available on Aulaweb, as well as illustrated and discussed during the lessons (approximately 150 pp.).
Non-attending students will have to integrate their preparation with the study of chapters VII and VIII of the book D. Carusi, L’ordine naturale delle cose, Giappichelli, 2011 (approximately 70 pp.) or agree on an alternative program with the teacher.
The study of the texts indicated above must be constantly integrated with the consultation of a latest edition of the Civil Code.
Ricevimento: Immediately after the lesson, or by appointment to be requested by email
DONATO CARUSI (President)
ROBERTA SERAFINA BONINI
GIACOMO MUNARI (Substitute)
The course will take place in the second semester according to the timetable that will be published in due course.
The exam will consist of an oral interview that may be preceded by one or more intermediate written tests.
Students in possession of a regular disability certification or DSA diagnosis may request to use compensatory measures during the exam tests (e.g. additional time, concept maps, changes in the written/oral modality), following the procedure indicated in the guidelines (p. 5) published here. In any case, for further information, it is possible to contact the Department's contact teacher at: Isa.Fanlo@unige.it
The exam is aimed not so much at a mnemonic exposition of the notions acquired in class and through individual study, but above all at the argumentative use of such notions, also in relation to the analysis of practical cases discussed in class. The technical-linguistic propriety of the expression will be particularly evaluated.
