OVERVIEW

Family and Inheritance Law are branches of private law, closely interconnected, that require a high level of specialization from both scholars and legal practitioners. This course is designed to provide an advanced understanding of these subjects, including the most recent legislative and jurisprudential developments.

AIMS AND CONTENT

LEARNING OUTCOMES

The course explains the principles and fundamental rules of family law and inheritance, the historical evolution, the case law, recent reforms.

AIMS AND LEARNING OUTCOMES

The aim of the course Family and Inheritance Law is to provide students with a solid foundation in the core principles and rules of family and inheritance law, their historical evolution, case law orientations, and ongoing reforms.
Upon completion of the course, students will be able to:
- understand the developmental trends of family and inheritance law within the Italian legal system and in the broader context of European institutions;
- identify and assess the most common practical issues and prevailing judicial interpretations;
- recognize and interpret the main legislative sources and consult them effectively;
- critically engage with current legal debates and legislative policy proposals.

PREREQUISITES

In order to successfully engage with the course content, students must have passed the Institutions of Private Law exam.

TEACHING METHODS

The course includes lectures delivered by the professor and interactive sessions where students can apply what they have learned (e.g., case discussions, practical exercises, and Wooclap quizzes). Supplementary materials will be made available on the aulaweb platform and may be required in preparation for exercises or quizzes.
At the end of the course, attending students may prepare a written report on a topic agreed upon with the professor to deepen their understanding of specific issues discussed in class. The report and its presentation will contribute to the final assessment.

SYLLABUS/CONTENT

The course covers the following topics:

Family law in Italy: ideology and social change

• The 1942 Civil Code;

• Constitutional Court interventions and the 1975 reform;

• The role of case law and subsequent reforms;

• The unification of child status and the recognition of civil unions.

Parenthood and kinship

• Establishing biological parentage;

• Adoption;

• Medically assisted reproduction;

• Parent-child relationships and parental responsibility.

Civil and religious marriage

• Rights and duties of spouses;

• Civil unions and de facto cohabitation;

• Property regimes within the family;

• Relationship breakdown and dissolution.

Succession upon death

• Testamentary and intestate succession;

• Testamentary forms;

• Inheritance and legacies;

• Atypical mortis causa dispositions and non-patrimonial clauses;

• Limits to testamentary freedom;

• Inheritance and donations;

• Succession law and “new families”: challenges and reform prospects.

RECOMMENDED READING/BIBLIOGRAPHY

• Attending students may take the exam based on class notes, supplemented as needed by:
  G. Ferrando, Diritto di famiglia, latest edition, Zanichelli;
  V. Roppo, Diritto privato, latest edition, Giappichelli – only the section on inheritance law.
  Additional materials will be provided during the course.

• Non-attending students (i.e., those who attend fewer than two-thirds of the lectures) must study both textbooks in full.
  In all cases, students are expected to consult a current edition of the Italian Civil Code alongside the textbooks.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

Class times, as well as start and end dates, follow the official academic calendar.
Detailed information will be published on the Aulaweb course page.

Class schedule

FAMILY AND INHERITANCE LAW

EXAMS

EXAM DESCRIPTION

The final examination will consist of an oral interview.
Additionally, attending students may submit a written report on a specific, pre-approved topic. The report and its presentation will form part of the final examination and may be awarded 1 or 2 additional points by the instructor.

ASSESSMENT METHODS

The achievement of the learning objectives will be assessed through general and specific questions, including the discussion of practical cases drawn from or adapted from case law examined in class.
The evaluation will consider the student’s familiarity with legislative texts, as well as their ability to present arguments in an organized and technically accurate manner.

FURTHER INFORMATION

For further information, please email: valentina.digregorio@unige.it