OVERVIEW

Private law cod. 41135
Course of study: Clea – Cleamlt – Clec

AIMS AND CONTENT

LEARNING OUTCOMES

The course aims to provide a framework of basic knowledge of general law with reference to the constitutional principles, the Civil Code, the most important special laws, taking into account the role played by the case law interpreting the law and in the creation of law. Particular attention is given to issues of considerable economic interest.

AIMS AND LEARNING OUTCOMES

The private law course is aimed at providing the skills necessary to orient oneself on the issues of subject rights (natural and legal persons) and protection of persons, property and real rights, obligations, the contract in general, individual contracts (most relevant in the economic field), contractual and extra-contractual liability, consumer law, with particular regard to aspects of economic interest.
 Students will have to acquire adequate knowledge and an effective understanding of the fundamental institutions of private law, be able to apply the knowledge acquired and understand and solve problems relating to legal texts and case studies, know how to use both on a conceptual and the operational one is the knowledge acquired with independent evaluation skills and skills in different application contexts. In particular, these skills can be used in any sector in which the interpretation and application of the law acquires particular importance.
Furthermore, students will have to acquire the technical-legal language typical of the discipline to interact professionally with legal practitioners and develop adequate learning skills that allow them to continue to independently delve into the main legal issues, especially in the working contexts in which they will find themselves. to use.

TEACHING METHODS

Frontal lessons

Present on AulaWeb Yes

SYLLABUS/CONTENT

The curriculum includes:

Introduction to Law

    private and public law; the sources of law; private international law; Community law; the interpretation of the law

People

    The legal capacity; the ability to act; disqualification, disqualification and support administration
    Personality rights; the processing of personal data
    The individual and the legal entity; associations, foundations and committees


The property and rights in rem

    The goods
    The real rights; the property; the ways of acquiring property; The actions in defense of property
    The possession; the actions to defend the possession; the adverse possession
    The real rights on other people
    Communion; the condo buildings

bonds

    Definition
    fulfillment; breach and liability of the debtor
    Other causes of extinction of obligations


The contract generally

    The definition and essential requirements
    The contractual autonomy and its limits
    Typical and atypical contracts

The requirements of the contract

    The agreement of the parties; the formation of the contract; the preliminary contract; the representation
    The cause
    The object
    Shape

The contract and its effectiveness: the term, condition, simulation

    essential and accidental elements of the contract
    The term; the condition
    The simulation

The contract and its validity: nullity and annulment

    The invalidity
    The annulment; the vices of consent
    termination

The effects of the contract

    The interpretation
    The integration of contract and good faith
    withdrawal
    The covenant not to alienate; the promise of the third party; the contract for the person to be appointed; the contract in favor of the third


Termination of the contract

    The resolution for default; the exception of non-compliance
    The resolution for supervening impossibility of performance
    The resolution for excessive burden

The main contracts

    The sale; the lease; the mandate; the loan; the mortgage; the contract; the type of company; transport; the warehouse; the transaction

Unilateral acts and debt securities

    Unilateral acts between alive
    The debt securities in general

The illegal acts and other sources of obligations

    The tort; vicarious liability; strict liability; the ESPONSIBILITIES manufacturer
    The business management
    The improper payment
    The unjust enrichment

the debtor's liability and guarantees of the creditor

    The balance sheet generic warranty; the means of preservation of the collateral
    Collateral: the pledge and the mortgage
    Personal guarantees: surety

The protection of rights

    The publicity of legal facts; transcription
    Evidence

The prescription and decay

RECOMMENDED READING/BIBLIOGRAPHY

They will be communicated on AulaWeb

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

II sem.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam consists of written tests halfway through and at the end of the course, or in an oral test at the end of the course.

ASSESSMENT METHODS

The actual achievement of the expected learning outcomes will be verified through written tests, halfway and at the end of the course, which will allow verifying the ability to grasp the correct legal solution among those indicated in the tests. It will also be possible to take the exam in oral form and in this case the exam will allow you to verify your ability to present the legal figures studied, allowing the teacher to evaluate the quality of the presentation, the correct use of specialist vocabulary and the ability of critical reasoning on the study carried out.

Students who have valid certification of physical or learning disabilities  and who wish to discuss possible accommodations or other circumstances regarding lectures, coursework and exams, should speak both with the instructor and with Professor Serena Scotto (scotto@economia.unige.it), the Department's disability liaison.

FURTHER INFORMATION

The teacher responds to requests for information sent via e-mail to luca.nanni@unige.it