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.
Private law in the legal system and its sources.
Legal situations; subjective rights; legal relationships; the circulation of rights.
The subjects of law: natural persons and organizations.
Personality rights.
Obligations.
Contracts.
Protection of rights. Book VI of the civil code.
Module 1 of the course is delivered with lectures for a total of 54 hours (equal to 9 credits), during which the main theoretical notions of the Institutions of Private Law will be presented and analyzed, but in which some examples and practical cases taken from the most recent jurisprudence will also be proposed and discussed. Occasionally, scholars or professionals may be invited to give a lecture on topics of particular interest and relevance to allow students to acquire greater awareness of the interpretative and applicative dimension of the subject.
Module I of the Private Law course covers the following thematic areas:
The law.- The sources of private law and its supranational uniformity.
The rights.- Legal situations; subjective rights; assets and patrimony.
The subjects.- Natural persons; personality rights; organizations.
The obligations.- Types of obligations; the debtor's patrimonial liability and the protection of credit.
The contract.- The essential requirements; the formation of the contract; pre-contractual liability; the effects of the contract; the determination of the contractual regulation; representation; simulation; invalidities; rescission; resolutions.
The protection of rights. Jurisdictional protection. Evidence.
For attending students (i.e. present at least 2/3 of the attendance surveys)::
-V. ROPPO, Diritto Privato, Giappichelli, Turin, latest edition editio major, in the parts corresponding to the topics covered in module I (part I, all; part II, all; part III, all; part V, all; part VI, all)
-also the essay by P. RESCIGNO, Introduzione al diritto privato, in E. Gabrielli (ed.), Diritto privato, Turin, 2024, pp. 1-59, which will be made available on Aulaweb;
-civil code in the most recent edition.
Non-attending students: must add to the above-mentioned texts the supplementary readings that will be uploaded to Aula web.
Ricevimento: Immediately after the lesson, or by appointment to be requested by email
DONATO CARUSI (President)
ROBERTA SERAFINA BONINI
GIORGIO AFFERNI (President Substitute)
ALBERTO MARIA BENEDETTI (President Substitute)
MAURO GRONDONA (President Substitute)
FRANCESCA BARTOLINI (Substitute)
ELISABETTA CORRADI (Substitute)
GIACOMO MUNARI (Substitute)
ANNA MARIA OCCASIONE (Substitute)
LUCA OLIVERI (Substitute)
EDOARDO PESCE (Substitute)
FRANCESCO RUSSO (Substitute)
GIOVANNA SAVORANI (Substitute)
MATTEO TURCI (Substitute)
The course will take place in the first semester according to the timetable that will be published in due course.
The exam is held orally on the dates scheduled in the calendar.
The oral exam is normally divided into 3/4 questions: the first more general and the others of a more specific nature. In addition to the knowledge of the individual institutes, the student's ability to connect the notions and to reason about applicable cases and rules is appreciated.
The exam aims to verify that the student is able to orient himself in the private legal system, knows its categories and institutions and has acquired the ability to apply rules and disciplines to specific cases.
