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

More in detail, the teaching of Institutions of Private Law Module II aims to provide students with basic notions that will enable them to understand concepts and acquire the technical legal vocabulary in close connection with the general part on contracts carried out in Mod. I, dealing in particular with issues relating to individual contracts, non-contractual liability, other sources of obligations, property law and rights to property, family law, successions and donations.

Attendance at lectures, individual study and participation in other training activities offered during the course of the course will enable the student to:

Understand and remember the regulatory provisions relating to the main institutes of civil law and the rules applicable in relations between private individuals;

Understand the structure and functioning of the private law system and be aware of the meaning and relevance of the protection of private law;

Distinguish the relevant aspects of the proposed casuistry for the purposes of the regulatory framework,

Identify, interpret and apply the appropriate rules to deal with questions relating to concrete situations or hypotheses of conflict between private individuals, identifying correct solutions;

Read and critically examine regulatory texts and scientific articles on civil law issues, texts of judgments pronounced by courts of merit, legitimacy or by the Constitutional Court relating to legal issues;

Express oneself in technical language

TEACHING METHODS

The course delivery methods consist of frontal lessons, carried out with the illustration of slides (also published on the aulaweb), in-depth thematic group discussions, participation in the solution of case studies on the topics dealt with, and the distribution of supplementary material on individual topics. During the lessons, the main notions of the Institutions of Private Law will be presented and analysed, also with some examples and examination of practical cases drawn from the most recent case law. From time to time, scholars or professionals may be invited to lecture on topics of particular interest and topical interest in order to facilitate the understanding of the subject also from an applicative point of view.

This will enable the student to acquire the ability to orientate himself in the private legal system and in particular he will be able to

identify and define legal concepts using appropriate technical language;
understand and interpret the rules, within the framework of the private law system;
identify and apply appropriate regulatory provisions to resolve conflicts between private individuals.
know how to make connections between the various regulatory sources 
During the course, self-assessment tests may be carried out in order to allow students to understand their level of preparation and, if necessary, to better identify the most effective study method.

Students with certifications valid  for specific learning disorders (DSA), disabilities or other educational needs are invited to contact the lecturer and the School of Social Sciences or Law Department's disability contact person at the beginning of the course in order to agree on possible teaching methods that, while respecting the teaching objectives, take account of individual learning methods.
 

SYLLABUS/CONTENT

1.st part: Individual contracts

Types and classes of contracts - Contracts for the transfer of goods - Contracts for the use of goods - Contracts for the performance of works and services - Other contracts - The insurance contract - Individual contracts. Consumer and business contracts.Banking and financial intermediation contracts: an outline.

 2.nd part: Civil liability, other sources of obligations

- Civil liability and remedies against damage - Torts and non-contractual damage: civil liability - The prerequisites of civil liability - Particular cases of liability - Remedies against damage - Contractual and non-contractual liability.

Others Sources of Obligations - The sources of obligations other than contract and tort (management of other people's affairs, unjust enrichment, unilateral promises, recovery of undue payment).

  3.rd part: Property

The right to property between the Constitution, the Civil Code and special legislation - The right to property: general aspects - The exercise of property - The acquisition of property - The protection of property - Minor real rights - Real rights and credit rights - Transcription - Possession - The effects of possession.

4.th part: Family and inheritance law
Family law - Family and marriage - Personal relations between spouses – Property relations between spouses - Parenthood – Legal relations between parents and children and the status of minors - Family breakdown: separation and divorce - 2.3. - Succession upon death - Succession mortis causa - Testamentary succession – Forced heirship – Intestate succession – Renunciation of inheritance - Acquisition of inheritance - Co-heirship and partition of the estate - Inter vivos gifts and donations.

RECOMMENDED READING/BIBLIOGRAPHY

Slides used in the lectures, texts of judgments and normative texts discussed and analysed in the classroom, made available to students on Aulaweb.

Textbook for attending students (i.e. present for at least 2/3 of the attendance surveys) is: V. Roppo, Diritto Privato, Giappichelli, Turin, latest edition, in the parts corresponding to the topics covered in Module II as specified below:

TEACHERS AND EXAM BOARD

LESSONS

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The examination procedure for attending students consists of an oral interview consisting of three to four questions: the first being more general and the others more specific. In addition to knowledge of the individual institutes, the student's ability to link the notions and to reason about the applicable cases and rules is also assessed.

The teacher reserves the right to propose replacing the oral examination with a written test divided into two parts, one intermediate and the other final. To take the second one, one must have passed the first. The grade is the average of the two assessments.

Attending students may agree with the lecturer to write a written report on a topic covered in the lecture and discussed in class. This report contributes to the overall assessment of the examination.

For non-attending students, the examination consists of an oral interview comprising three to four questions on the entire syllabus and an in-depth thematic examination indicated and uploaded on AW.

ASSESSMENT METHODS

The course delivery methods consist of lectures, also with the aid of slides (also published on the aulaweb), in-depth thematic group discussions, participation in the solution of case studies on the topics covered, and the distribution of supplementary material on individual topics.

The examination will tend to test the student's ability to orientate himself in the private legal system. Through questions of a general theoretical nature or of a more specific type, it will be ascertained whether the student is able to

identify and define legal concepts using appropriate technical language;

understand and interpret the rules, within the framework of the private law system;

identify and apply appropriate regulatory provisions to resolve conflicts between private individuals.

know how to make connections between the various regulatory sources

During the course, self-assessment tests may be carried out, in order to allow the student to understand his/her level of preparation and, if necessary, to better identify the most effective study method.

Students who have valid certification of disability or Specific Learning Desorders (DSA) on file with the University may request the use of compensatory measures during the exams (e.g. additional time, concept maps, modifications in the written/oral mode), following the guidelines (p. 5) published here. In any case, for further information, please contact the Department's disability liaison: Isa.Fanlo@unige.it

FURTHER INFORMATION

For other information contact the professor at the e- mail valentina.digregorio@unige.it