INSTITUTIONS OF PRIVATE LAW M - Z

1. Knowledge and understanding. The course aims to provide the keys to a good knowledge and understanding, as well as the sources of law and its interpretation criteria, the fundamental institutions of private related to the economic process in terms of the discipline of the persons (natural and legal), goods, credit, contract in general and most common types, civil liability, also in a systematic perspective, as well as legal and doctrinal opinion and the effect of the practice in the evolution of the socio-economic individual institutions. 2. Applying knowledge and understanding. The course aims to enable the student to reconstruct and interpret the different situations and legal interests in the private relationship, iaccording to the knowledge and skills acquired during the course of lessons and developed with a careful study of the matter. 3. Making judgments. The course aims to let the student's ability to grasp and elaborate the ratio legis, grasping the real interests underlying the various institutions and prompt its related forms of protection. In particular, the student will be placed in a position to judge whether and to what extent such protection does appear to be adequate to the pursuit and the actual implementation of the objectives of legislative policy that underlie it; to distinguish between positive and negative aspects, advantages and disadvantages associated with regulation and the possible options between alternative forms of protection ready by the rules, with particular regard to the distribution and circulation of credit. 4. Communication skills. The course must put the student in a position to transfer and apply the knowledge gained outside, using logical argument according to the main principles of matter and also suits a technically appropriate legal language. In particular, he must be able to provide opinions, advice and assistance on issues object of study: the consultation, interpretation and enforcement of the rules. 5. Learning skills. Exceeding the matter must be based on a rigorous assessment in the examination of the achievement by the student of a level of preparation and competence that allows him to approach the study of other course in the same filed, as well as those also not legal, but which may present significant implications with them.

Frontal lessons.

Nobody.

PART I

PERSONS AND  RIGHTS.

Subjective legal situations and legal relationship. Prescription or limitation. Publicity of legal facts and transcription. Judicial protection of rights and proof of legal facts. Natural and legal persons. Legal capacity, natural ability, legitimacy. The object of legal relationship: types of goods. Property right: content, function, limits and ways of purchasing, actions. Communion, condominium and timeshare. Possession.  Pledge, mortgage and privileges.

Texts:

1. TORRENTE A.-SCHLESINGER P., Manuale di diritto privato, 25th ed., Giuffrè, 2021: chaps. VI; VII (§§ from 41 to 60 and from 69 to 78); from VIII to X; XII (§§ from 122 to 128); XIII (§§ from 131 to 133 and from 137 to 143); XIV (§ 144); XV; XVI; XXII; XXIII; LXXXI.

2. PARADISO M., Manuale di diritto privato. Rapporti patrimoniali, Giappichelli, 2021: chaps. from 5 to 9; 11; from 13 to 15; 16 (§ 1); from 17 to 19; from 43 to 45.

PART II

OBLIGATIONS

Sources of Obligations. Right to credit. "Civil" and "natural" obligations (play and bet). Monetary obligations and interests. Divisible and indivisible, alternative and optional obligations. Performance, diligence and good faith. Different Ways of extinguishing obligation. Subjective changes of obligation. Responsibility for non-performance. Credit guarantees and financial liability of the debtor. The source of non-contractual obligations: the tort, the promises and debt instruments, the ex lege obligations.

Texts:

1.TORRENTE A.-SCHLESINGER P., Manuale di diritto privato, 25th ed., Giuffrè, 2021: chaps. from XVII to XXI; XXIV; XLVII (§ 417); XLVIII (§§ from 418 to 420); LI (§§ from 426 to 431; 433-434); LIV-LV.

or

2. PARADISO M., Manuale di diritto privato. Rapporti patrimoniali, Giappichelli, 2021: chaps. from  20 to 29;  from 40 to 42; 51 (§§ 2,3,4); 52 (§ 7).

PART III

THE CONTRACT

Contract's requirements: a) agreement: proposal, acceptance and conclusion of the contract; "consensual" and "real" contracts; offer to the public; "consumer contracts"; pre-contractual liability; b) consideration; c) object; d) form. Condition, term, penalty clause and deposit. Option. Effects of the contract; integration and execution of the contract. Other events of the contract: legal and voluntary representation; simulation, trust deed. Validity and invalidity of the contract. Withdrawaland breach of the contract. Specific types of contracts (besides those already mentioned in other parts of the program): sale, rent, lease, mandate, loan, mortgage, donation, franchising, subcontracting.

Texts: 

1.TORRENTE A.-SCHLESINGER P., Manuale di diritto privato, 25th ed., Giuffrè, 2021: chaps. from XXV to XXXVIII; XXXIX (§§ from 358 to 363; 364); XL-XLI; XLIII (§§ from 384 to 386; 388); XLIV (§§ 390; 394); XLV (§§ 400 e 401); LXXX.

or

2. PARADISO M., Manuale di diritto privato. Rapporti patrimoniali, Giappichelli, 2021: chaps. from  30 to 39;  46;  47 (§§ from 1 to 10); 48; 50 (§ 1); 51(§ 1); 54.

1.TORRENTE A.-SCHLESINGER P., Manuale di diritto privato, 25th ed., Giuffrè, 2021 (only chapters and §§ listed in the program of each part) or 2. PARADISO M., Manuale di diritto privato. Rapporti patrimoniali, Giappichelli, 2021 (only chapters and §§ listed in the program of each part).

Oral exam.