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CODE 41135
ACADEMIC YEAR 2024/2025
CREDITS
SCIENTIFIC DISCIPLINARY SECTOR IUS/01
LANGUAGE Italian
TEACHING LOCATION
  • GENOVA
SEMESTER 2° Semester
SECTIONING Questo insegnamento è diviso nelle seguenti frazioni:
  • A
  • B
  • C
  • PREREQUISITES
    Propedeuticità in uscita
    Questo insegnamento è propedeutico per gli insegnamenti:
    • Business Administration 8697 (coorte 2024/2025)
    • PRIVATE LAW FOR BUSINESS 84492
    • Business Administration 8697 (coorte 2024/2025)
    • LABOUR LAW 63734
    • Business Administration 8697 (coorte 2024/2025)
    • COMMERCIAL AND CORPORATE LAW 59823
    • Business Administration 8697 (coorte 2024/2025)
    • TAXATION LAW 63725
    • Maritime, Logistics and Transport Economics and Business 8698 (coorte 2024/2025)
    • PRIVATE LAW FOR BUSINESS 84492
    • Maritime, Logistics and Transport Economics and Business 8698 (coorte 2024/2025)
    • COMMERCIAL AND CORPORATE LAW 59823
    • Economics 8699 (coorte 2024/2025)
    • PRIVATE LAW FOR BUSINESS 84492
    • Economics 8699 (coorte 2024/2025)
    • COMMERCIAL AND CORPORATE LAW 59823
    • Economics 8699 (coorte 2024/2025)
    • BANKING LAW 24675
    TEACHING MATERIALS AULAWEB

    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

    Class schedule

    The timetable for this course is available here: Portale EasyAcademy

    EXAMS

    Exam schedule

    Data appello Orario Luogo Degree type Note
    16/12/2024 09:00 GENOVA Orale Prof. Capecchi
    13/01/2025 09:00 GENOVA Orale Prof. Capecchi
    27/01/2025 09:00 GENOVA Orale Prof. Capecchi
    27/05/2025 09:00 GENOVA Orale Prof. Capecchi
    10/06/2025 09:00 GENOVA Orale Prof. Capecchi
    24/06/2025 09:00 GENOVA Orale Prof. Capecchi
    12/09/2025 09:00 GENOVA Orale Prof. Capecchi

    Agenda 2030 - Sustainable Development Goals

    Agenda 2030 - Sustainable Development Goals
    Good health and well being
    Good health and well being
    Quality education
    Quality education
    Gender equality
    Gender equality