The teaching unit of Private Law (code 41135) introduces students to the fundamental principles of the discipline, with particular attention to the role of private law within the educational path of the CLEA, CLEAMLT and CLEC degree programmes. The course provides an overview of the main legal institutions and their impact in economic and social contexts.
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.
At the end of the teaching unit, the student will be able to:
- Describe the main institutions of private law using appropriate technical-legal language [D1 Knowledge and understanding]. - Apply the fundamental notions of private law to the analysis of practical cases and legal texts [D2 Applying knowledge and understanding]. - Analyse legal problems relating to persons, property, obligations and contracts by identifying the correct legal solution among those proposed [D3 Making judgements]. - Communicate the legal concepts learned clearly and appropriately in professional and academic contexts [D4 Communication skills].
- Develop autonomous learning skills to further explore legal topics after the end of the course [D5 Learning skills].
No specific prerequisites are required.
Lectures, discussion of topics covered in class, possible preparation of reports or papers agreed with the instructor. Attendance is not compulsory. Students with disabilities or specific learning disorders are invited to contact the instructor and the Department's disability liaison to agree on personalized teaching methods. Available on AulaWeb.
Students with certification of disability, specific learning disorders (DSA), or special educational needs should contact, at the beginning of the course, both the instructor and the Department’s disability liaison, Prof.ssa Elena Lagomarsino (elena.lagomarsino@unige.it) to agree on teaching and examination arrangements that, while respecting the objectives of the teaching unit, take into account individual learning needs and allow the use of compensatory tools if necessary.
The teaching unit covers the following topics:
Introduction to Law - Private and public law; sources of law; private international law; EU law; interpretation of law
Persons - Legal capacity; capacity to act; interdiction, disqualification and support administration - Personality rights; personal data processing - Natural persons and legal persons; associations, foundations and committees
Property and real rights - Goods - Real rights; property; ways of acquiring property; actions to protect property - Possession; actions to protect 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 extinction of obligations
Contracts in general - Definition and essential requirements - Contractual autonomy and its limits - Typical and atypical contracts
Contract requirements - Agreement of the parties; contract formation; preliminary contract; representation - Cause - Object - Form
Contract effectiveness: term, condition, simulation - Essential and accidental elements of the contract - Term; condition - Simulation
Contract validity: nullity and annulment - Nullity - Annulment; defects of consent - Rescission
Effects of the contract - Interpretation - Integration of the contract and good faith - Withdrawal - Covenant not to alienate; promise of a third party; contract for a person to be appointed; contract in favour of a third party
Termination of the contract - Termination for non-performance; exception of non-performance - Termination for supervening impossibility of performance - Termination for excessive onerousness
Main contracts - Sale; lease; mandate; loan for use; loan for consumption; contract for work; contract for services; transport; deposit; settlement - Contracts with consumers
Unilateral acts - Unilateral acts inter vivos
Other sources of obligations - Tort; vicarious liability; strict liability; producer's liability - Management of affairs - Undue payment - Unjust enrichment
Debtor's liability and creditor's guarantees
- General patrimonial guarantee; means of preserving patrimonial guarantee - Real guarantees: pledge and mortgage - Personal guarantees: surety
Protection of rights - Publicity of legal facts; registration - Evidence
Limitation and forfeiture
Students may choose between the following options:
a) Galgano, Istituzioni di diritto privato, Wolters Kluwer-Cedam, limited to the topics covered in the programme
b) Roppo, Diritto privato, Linee essenziali, Giappichelli, latest edition, limited to the topics covered in the programme
An updated Civil Code.
Ricevimento: LUCA NANNI: By appointment via e-mail (luca.nanni@unige.it). The instructor responds to information requests sent by e-mail.
As indicated in the second semester timetable published on the DIEC Department website: https://economia.unige.it/orario-lezioni
The exam consists of written tests halfway through and at the end of the course, or an oral test at the end of the course. Any minimum thresholds and specific arrangements for Erasmus students or those with special needs will be communicated on AulaWeb.
The actual achievement of the expected learning outcomes will be verified through written tests, halfway and at the end of the course, which will assess the ability to apply the acquired knowledge to practical cases and to identify the correct legal solution. The oral exam will verify the ability to present and discuss the legal institutions studied, the correct use of specialist vocabulary, and critical reasoning skills. For each learning outcome, the following
will be assessed: accuracy of answers, clarity of presentation, use of technical language, andcritical analysis skills. Students with certification of disabilities, specific learning disorders orspecial educational needs should contact, at the beginning of the course, both the instructorand the Department's disability liaison, Prof. Serena Scotto (scotto@economia.unige.it), toagree on personalized teaching and examination arrangements.
For further information not included in the teaching unit description, please contact the instructor.
