OVERVIEW

The teaching unit of Private Law (code 41135) introduces students to the fundamental principles of the discipline, with particular attention to the role of private law within the educational path of the CLEA, CLEAMLT and CLEC degree programmes. The course provides an overview of the main legal institutions and their impact in economic and social contexts.

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

At the end of the teaching unit, the student will be able to:

- Describe the main institutions of private law using appropriate technical-legal language [D1 Knowledge and understanding].
- Apply the fundamental notions of private law to the analysis of practical cases and legal texts [D2 Applying knowledge and understanding].
- Analyse legal problems relating to persons, property, obligations and contracts by identifying the correct legal solution among those proposed [D3 Making judgements].
- Communicate the legal concepts learned clearly and appropriately in professional and academic contexts [D4 Communication skills].

- Develop autonomous learning skills to further explore legal topics after the end of the course [D5 Learning skills].

PREREQUISITES

No specific prerequisites are required.

TEACHING METHODS

Lectures, discussion of topics covered in class, possible preparation of reports or papers agreed with the instructor. Attendance is not compulsory. Students with disabilities or specific learning disorders are invited to contact the instructor and the Department's disability liaison to agree on personalized teaching methods. Available on AulaWeb.

SYLLABUS/CONTENT

The teaching unit covers the following topics:

Introduction to Law
- Private and public law; sources of law; private international law; EU law; interpretation of law

Persons
- Legal capacity; capacity to act; interdiction, disqualification and support administration - Personality rights; personal data processing
- Natural persons and legal persons; associations, foundations and committees

Property and real rights
- Goods
- Real rights; property; ways of acquiring property; actions to protect property - Possession; actions to protect possession; adverse possession
- Real rights over another's property
- Co-ownership; condominium in buildings

Obligations

- Definition

- Performance; non-performance and debtor's liability - Other causes of extinction of obligations

Contracts in general
- Definition and essential requirements - Contractual autonomy and its limits
- Typical and atypical contracts

Contract requirements
- Agreement of the parties; contract formation; preliminary contract; representation - Cause
- Object
- Form

Contract effectiveness: term, condition, simulation - Essential and accidental elements of the contract - Term; condition
- Simulation

Contract validity: nullity and annulment - Nullity
- Annulment; defects of consent
- Rescission

Effects of the contract
- Interpretation
- Integration of the contract and good faith
- Withdrawal
- Covenant not to alienate; promise of a third party; contract for a person to be appointed; contract in favour of a third party

Termination of the contract
- Termination for non-performance; exception of non-performance - Termination for supervening impossibility of performance
- Termination for excessive onerousness

Main contracts
- Sale; lease; mandate; loan for use; loan for consumption; contract for work; contract for services; transport; deposit; settlement
- Contracts with consumers

Unilateral acts
- Unilateral acts inter vivos

Other sources of obligations
- Tort; vicarious liability; strict liability; producer's liability - Management of affairs
- Undue payment
- Unjust enrichment

Debtor's liability and creditor's guarantees

- General patrimonial guarantee; means of preserving patrimonial guarantee - Real guarantees: pledge and mortgage
- Personal guarantees: surety

Protection of rights
- Publicity of legal facts; registration - Evidence

Limitation and forfeiture

RECOMMENDED READING/BIBLIOGRAPHY

Students may choose between the following options:

a) Galgano, Istituzioni di diritto privato, Wolters Kluwer-Cedam, limited to the topics covered in the programme

b) Roppo, Diritto privato, Linee essenziali, Giappichelli, latest edition, limited to the topics covered in the programme

An updated Civil Code.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

As indicated in the second semester timetable published on the DIEC Department website: https://economia.unige.it/orario-lezioni

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 an oral test at the end of the course. Any minimum thresholds and specific arrangements for Erasmus students or those with special needs will be communicated on AulaWeb.

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 assess the ability to apply the acquired knowledge to practical cases and to identify the correct legal solution. The oral exam will verify the ability to present and discuss the legal institutions studied, the correct use of specialist vocabulary, and critical reasoning skills. For each learning outcome, the following

will be assessed: accuracy of answers, clarity of presentation, use of technical language, andcritical analysis skills. Students with certification of disabilities, specific learning disorders orspecial educational needs should contact, at the beginning of the course, both the instructorand the Department's disability liaison, Prof. Serena Scotto (scotto@economia.unige.it), toagree on personalized teaching and examination arrangements.

FURTHER INFORMATION

For further information not included in the teaching unit description, please contact the instructor.