AIMS AND CONTENT

LEARNING OUTCOMES

General introductory notions to private law as "common" law: legal rules and interpretation, private law and public law; Sources of Private Law (decodification and recodification; European Private Law); legal categories of situations and activities of private law (legal positions and legal relations; legal case and legal effect; facts, acts, individual rights, goods); subjects of private law (individuals, capacity and incapacity; associative and institutional organizations, profit and non-profit, with legal personality and unincorporated; general introduction to business and company law, rights of the personality). Theory and general rules of obligations (rights of obligation and property rights; events of obligations; breach and liability, guarantees); contract in general (notion and fundamental principles, formation, regulation and effects; remedies).

AIMS AND LEARNING OUTCOMES

Active and conscious attendance at lessons, individual study and participation in other training activities possibly proposed during the course will allow the student to:

• Acquire awareness of the meaning and relevance of Private Law as a general regulatory scheme of inter-individual relationships within society;
• Orientate oneself in the systematics of the Civil Code and other relevant statutes;
• Apply legal reasoning through systematic reflection and case-by-case exemplification as well as qualify legal acts and facts, identify, interpret and argue for the application of relevant provisions in order to resolve concrete examples of disputes between private individuals;
• Acquire familiarity with the technical legal language of the Civil Code, other internal and supranational sources of law;
• Express oneself in appropriate descriptive and technical legal language.
   

TEACHING METHODS

Module II is taught through lectures, for a total of 54 hours (equal to 9 CFU). During the lessons, for a better understanding of the concrete operation of the institutions covered, some jurisprudential cases will also be anlaysed and addressed together and in-depth readings may be suggested, which will be the subject of subsequent discussion.

An active, aware and participatory attendance is highly recommended and is consequently valued. Working students will be offered the possibility of consulting on demand the lessons held, according to methods defined and communicated at the beginning of the Course. At the end of each lesson, questions or difficulties encountered in participating in the lesson or in individual study may be examined.

All communications between the Teacher and the students will take place on Aulaweb, which should be frequently consulted. 
 

SYLLABUS/CONTENT

Module II Content 

Although divided into two modules, the Institutional Course of Private Law is unitary; Module II follows the general approach of Module I - whose notions are necessarily acquired and presupposed - and continues the analysis of what was not covered in the first semester.

In particular, Module II addresses the analysis of the following themes/institutes of Private Law: Contracts, Property and other Rights in Rem; Torts; other sources of obligations (Restitutions); Family Law; Law of Successions.
 

RECOMMENDED READING/BIBLIOGRAPHY

The following textbook is recommended:

V. Roppo, Diritto privato, Giappichelli, latest available edition.

For attending students, the textbook should be studied in the parts corresponding to the topics examined by the Professor, together with the notes, complete and ordered, and any additional materials reported and indicated or made available on Aulaweb. For non-attending students, the textbook should be studied in its entirety in chapters 14-21; 38-41; 42-47, 62-70 (the chapters refer to the IX edition, Turin, 2024).

The use and reasoned consultation of the following commented Code is recommended:

Codice civile. Per la didattica e l'insegnamento, a cura di R. Pucella, Torino, Giappichelli, 2022 (II edition).

Other editions of the Civil Code and complementary laws are equally suitable. Additional material may be indicated and/or made available on Aulaweb.
 

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

The start date of the Course, which will be held in the second semester of the Academic year, will be communicated on the Department website and on Aulaweb.
 

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam, for attending and non-attending students, is oral (unless otherwise specified), through an interview.

Please note that to pass the exam for Module II, it is strictly necessary to have passed the exam for Module I.

The final grade is the average of the grade given in the Module I exam and that in the Module II exam and will be the only one to be transferred to the student's career and made visible to the students as a grade for Istituzioni di Diritto privato, equal to 18 CFU.
 

ASSESSMENT METHODS

The exam aims to verify the degree of specific competence acquired by the student on the topics covered in the program.

In particular, the ability to understand the problem, to deal with it in a complete, logically correct, well-argued and with excellent linguistic and expressive mastery, not only technical legal, will be assessed.

The purpose of the exam is not only to ascertain and evaluate the (although essential) possession of notions but also the ability to address problems and reason systematically, knowing rules and qualifying facts.

Students with a disability or DSA certification may request to use compensatory measures during the exams (e.g. additional time, concept maps and diagrams, changes in written/oral mode), following the procedure indicated in the guidelines (p. 5) published here <https://unige.it/sites/unige.it/files/2024-05/Linee%20guida%20per%20la%20richiesta%20di%20servizi%2C%20di%20strumenti%20compensativi%20e_o%20di%20misure%20dispensative%20e%20di%20ausili%20specifici%20Maggio%202024.pdf>

In any case, for further information, you can contact the Department's contact teacher at: Isa.Fanlo@unige.it