AIMS AND CONTENT

LEARNING OUTCOMES

Objective of the course is to explore in details the law of torts in its evolutionary dimension, with reference both to the major kinds of torts, and to recoverable damages, pecuniary and non-pecuniary.

AIMS AND LEARNING OUTCOMES

Within the aforementioned educational objectives, the aim will be in particular to ensure that students acquire advanced skills in the following areas: interpretation of the law; identification and criticism of case law decisions.

PREREQUISITES

The provisions of the teaching regulations in reference to the propaedeutic nature apply.

TEACHING METHODS

Frontal lessons

SYLLABUS/CONTENT

I. The sources of private law as a historical problem. Rule of law, paradigm of law and modern codification. “Civil law” and “commercial law”. Civil code and constitutional principles. The interpretation of the law and the role of jurisprudence; principle of equality and analogy; general clauses. The new supranational sources. Studies and problems of “legal drafting”. Circulation of models and dialogue between the Courts. Tools and techniques of bibliographical and jurisprudential research.

II. Termination of the contract for non-fulfilment.

III. Confirmatory deposit and penalty clause.

IV. Unjustified enrichment and restitutions.

V. The disposition of the body and the rights of personality. Law no. 219/2017, so-called “on the living will”: open problems and prospects for reform.

RECOMMENDED READING/BIBLIOGRAPHY

1. D. Carusi, L’ordine naturale delle cose, Giappichelli, 2011, limited to chapter VI. (pp. 75)

2. D. Carusi, La legge sul biotestamento. Una pagina di storia italiana, Giappichelli, 2020 (pp. 120)

3. Texts of Acts, sentences and related doctrinal comments that will be made available on Aulaweb, as well as illustrated and discussed during the lessons (approximately 150 pp.).

Non-attending students will have to integrate their preparation with the study of chapters VII and VIII of the book D. Carusi, L’ordine naturale delle cose, Giappichelli, 2011 (approximately 70 pp.) or agree on an alternative program with the teacher.

The study of the texts indicated above must be constantly integrated with the consultation of a latest edition of the Civil Code.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

The course will take place in the second semester according to the timetable that will be published in due course.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam is written (10 open-ended questions, aimed in particular at verifying the argumentative ability of students)

ASSESSMENT METHODS

The exam is directed not so much to a mnemonic exposition of the notions acquired in class and through individual study, but above all to the argumentative use of these notions, also in relation to the analysis of practical cases discussed in class.

FURTHER INFORMATION

mauro.grondona@unige.it

valentina.digregorio@unige.it