OVERVIEW

The II Form of Private Law Institutions addresses issues that complete the picture of the basics notions  of private law, dwelling particularly on contracts, civil liability, property, family and succession law. The concepts taught in the II Form  require the knowledge of those of the I Form , which will be often recalled.

AIMS AND CONTENT

LEARNING OUTCOMES

Types and classes of contracts (sale, lease, provision of services and works, mandate and agency, transportation, storage, surety, settlement, insurance, consumer contracts, subcontracting); civil liability and remedies for damages; other sources of obligations (administration of business of others, restitutions, unjust enrichment, unilateral promises, debt securities). Property law (in the Constitution, in the code, in special legislation); joint ownership, minor property rights, possession; family law; succession because of death.

AIMS AND LEARNING OUTCOMES

The course aims to make the student understand the system of the Civil Code, let him become familiar with the consultation of the Civil Code, with  legal terminology and, through some examples, case studies and legal reasoning. This purpose will be pursued with reference to some types of contract and to tort law in cases significant to outline the evolution of the interpretation of the Civil Code rules.  Another purpose is to highlight the relationship between civil code and statute law, with reference in particular to the field of contracts (eg. consumer contracts; lease; franchising etc.). The analysis of  family law will highlight the progressive implementation, since 1975, of the constitutional provisions into the Civil Code.

TEACHING METHODS

frontal lessons;

use of power point presentations;

discussion of materials (judgments, comments, essays) distributed through web  classroom.

evaluation (or self-evaluation) through written open questions

SYLLABUS/CONTENT

1. Special Contracts, tort law,  other sources of obligations

1.1 - Types and classes of contracts

- Contracts for the sale of goods contracts

-Contracts for the use of goods contracts

- Contracts for the execution of works and services

- Other contracts

- Contracts with consumers and consumer code

1.2 - Tort law and remedies against damage

- Non-contractual damage: so called "civil liability"

- The conditions of civil liability

- Details assumption of responsibility

- The remedies against the damage

- Contractual liability and tort law: differences

1.3 - Other sources of obligations

- The sources of the obligations different from  contract and tort (gestio, unjust enrichment, unilateral promises, recovery of overpayments)

- Debt securities

- Check and the new means of payment

2. Property, family, succession law

2.1 - The right of ownership in the Constitution, Code civil and special legislation

- The right to property: general

- The exercise of ownership

- The purchase of property

- The protection of property

2.2 - Co-ownership, minor real rights, possession

- Co-ownership and condominium

- Minor real rights

- Property law and claims

- Transcription

- Possession

- The effects of the possession

2.3 - Family law

- Family and marriage

- The personal relations between spouses

- The financial relations in the family

- The filiation

- The relations between parents and children and the condition of minors

- The crisis of the family: separation and divorce

2.4 - Succession law

- The succession due to death

- The inheritance by will

- The succession against a will or the necessary heirs

- The succession in absence of a will

- The transfer of property by succession

- Communion and division of inheritance

- Donations

RECOMMENDED READING/BIBLIOGRAPHY

For all students, attending and non-attending V. ROPPO, Diritto privato, Torino,  Giappichelli, ult. ed., Parti IV, VII (+ cap. 60, parte XI), VIII, IX, XII, XIII.  Further, to follow the lessons and prepare for the exam all students must use a Civil Code, latest edition available.

Non-attending students will have to add:

• or the reading of the following text: G. Alpa, Che cos’è il diritto privato?, Laterza ed., 2009, pp. 190
• or the study the following insights drawn from A. M. Bendetti, a cura di, Il diritto privato delle Sezioni Unitea, ed La Tribuna 2015
  • pp. 161-179, M. Grondona, Il danno non patrimoniale, commento a Cass. Sez. Un. nn.  26972-75/2008
  • pp. 207-221, C. Badano, La responsabilità medica, commento a  Cass. Sez. Un. n. 577/2008

TEACHERS AND EXAM BOARD

Exam Board

GIOVANNA SAVORANI (President)

MAURO GRONDONA

GIORGIO AFFERNI (President Substitute)

ALBERTO MARIA BENEDETTI (President Substitute)

LUCA OLIVERI (President Substitute)

EDOARDO PESCE (President Substitute)

REBECCA BALDINI (Substitute)

SONIA CANATA (Substitute)

VALENTINA DI GREGORIO (Substitute)

CECILIA ISOLA (Substitute)

GIACOMO MUNARI (Substitute)

MICHELE MUNARI (Substitute)

ALESSANDRA PINORI (Substitute)

LESSONS

LESSONS START

II semester from February 12th to May 4th 2024

Class schedule

INSTITUTIONS OF PRIVATE LAW: SPECIAL CONTRACTS, LIABILITY, OTHER SOURCES OF OBLIGATIONS. PROPERTY', FAMILY AND SUCCESSION B

EXAMS

EXAM DESCRIPTION

Generally the exam consists of an oral examination.

Attending students have the opportunity to support part of the exam through a written test with open-ended questions, which will be given on a date placed during the lessons and agreed upon in class. This test aims to verify the learning of concepts covered in the first part of the course. If a student accepts the positive assessment given in the written test, he will have to complete the exam with an oral examination to be sustained in one of the summer session appeals, i.e. by September, to get the final grade of the course. If the evaluation of the test is negative, this will not be recorded and the student will have to take a final oral examination on the entire programme for attending students.

The examination of the students who are not attending the lessons will take place only with an oral interview, in order to check the learning of the notions  specified in  the program for not attending students.

ASSESSMENT METHODS

The intermediate written tests, with open-ended questions, aims to ensure ongoing learning achieved by the attending student, even for mere self-assessment.

The student can refuse a  partial low grade achieved in the written test and declare that he wants to take the oral exam on the entire program.

Exam schedule