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 course in private law is designed to provide the necessary skills to navigate the themes of the rights of individuals (both natural and legal persons) and the protection of individuals, property, and real rights, obligations, contracts in general, specific contracts (particularly relevant in the economic field), contractual and non-contractual liability, consumer law, with particular attention to economic interests.

Students are expected to acquire adequate knowledge and an effective understanding of the fundamental institutions of private law, be able to apply the knowledge acquired, and comprehend and resolve problems related to legal texts and case law. They should be able to use both conceptually and operationally the knowledge acquired, demonstrating independent evaluative abilities and skills in various application contexts. In particular, these capabilities can be employed in any sector where the interpretation and application of the law are of particular importance.

Furthermore, students are required to acquire the technical-legal language typical of the discipline to interact professionally with legal practitioners and develop adequate learning capacities that allow them to continue independently deepening the main legal issues, especially in the work contexts in which they will operate.

TEACHING METHODS

Learning occurs through attendance at lectures and must be supplemented by the study of textbooks and the Civil Code.

"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."

 

SYLLABUS/CONTENT

The teaching program includes:

Introduction to Law

• Private and public law; sources of law; private international law; community law; interpretation of the law

Persons

• Legal capacity; capacity to act; interdiction, incapacitation, and support administration
• Personality rights; personal data processing
• Natural persons and legal entities; associations, foundations, and committees

Property and Real Rights

• Assets
• Real rights; ownership; methods of acquiring ownership; actions to defend ownership
• Possession; actions to defend 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 termination of obligations
• Credit instruments

Contracts in General

• Definition and essential requirements
• Contractual autonomy and its limits
• Typical and atypical contracts
• Requirements of the contract

Agreement of the Parties; Formation of the Contract; Preliminary Contract; Representation

• Cause
• Object
• Form
• Contract and its effectiveness: term, condition, simulation

Essential and Accidental Elements of the Contract

• Term; condition
• Simulation
• Contract and its validity: nullity and annulability

Nullity

• Annulability; defects in consent
• Rescission
• Effects of the contract

Interpretation

• Contract integration and good faith
• Withdrawal
• Non-alienation pact; promise of third party act; contract for a person to be named; contract in favor of a third party

Contract Termination

• Termination for non-performance; defense of non-performance
• Termination for supervening impossibility of performance
• Termination for excessive onerousness

Major Contracts

• Sale; lease; mandate; loan for use; loan; contract for work; transport; deposit; settlement

Unilateral Acts

• Unilateral acts inter vivos
• Other sources of obligation

Tort

• Indirect liability; strict liability; producer liability
• Management of affairs
• Payment by mistake
• Unjust enrichment

Debtor’s Liability and Creditor’s Guarantees

• General patrimonial guarantee; means of preserving the patrimonial guarantee
• Real guarantees: pledge and mortgage
• Personal guarantees: suretyship

Protection of Rights

• Publicity of legal facts; transcription
• Evidence
• Prescription and forfeiture

RECOMMENDED READING/BIBLIOGRAPHY

– F. GALGANO, Istituzioni di diritto privato, Padova, Cedam, ultima edizione

oppure, in alternativa

– G. VISINTINI, Nozioni giuridiche fondamentali - Diritto privato, Bologna, Zanichelli, ultima edizione.

TEACHERS AND EXAM BOARD

Exam Board

MARCO CAPECCHI (President)

TOMMASO ARRIGO

VIRGINIA BUSI

ILARIA CARASSALE

PAOLO CEVASCO

LUCA NANNI

LESSONS

EXAMS

Exam schedule