00532 - Institutes in Private Law

Learning outcomes

The course aims to provide students with the fundamentals notions of Italian civil and commercial law, with special regard to obligations, contracts, securities and torts; but also with regard to the law ofintangible goods, ofnatural and legal persons, including business associations and cooperatives.Upon completion of the course, the students will be able to: understand the peculiarities of inter-private legal relations, in particular those of contractual nature; apply the store of knowledge thus acquired to a wide array of social and economic events, with a view toindependentlyspot the most suitable remedy for the case.

Course contents

Introduction. The concept of (objective) law and the sources of national and EU Law. Private/Public law - Rights and Rightful Interests - Thesystemof the Civil Code, Italian Constitution, EU Treaty.

1. Obligations - remedies against conveyance in fraud of creditors,Actio paulianaand conservatory seizure - real and personal securities, in particular mortgage, guarantee and performance bond - promises, gratuitous promises and securities - Contract performance and liability.

Torts and civil liability - The concept of "danno ingiusto" (unjust damage)

2. Agreement and contract - consent formation - agent and power of attorney - terms of contract - consideration, conditions and warranties - unfair contract terms, consumer protection and "distance contract" (on the Internet) - contractinvalidity - Bilateral contracts and remedies for non-performance.

Particular contracts - sale, in particular sale of land - agreement and conveyance in sale of land - brokerage - sale of goods - lease of land (for housing and for business purposes) - labor contracts, building contract, sub-contract) - agency- leasing- insurance - ADR contracts (settlements, arbitration) - franchising - factoring - other contracts in the Civil Code and in the main statutes.

3. Litigation and protection of rights and interests - precautionary protection: real estate transfer registration (land registry) - procedural protection: judicial and arbitration, peculiarities of civil trials, burden of proof, judgement - evidence (especially documents) - bankruptcy and other insolvency procedures - statute of limitation.

4. Natural persons - name, domicile, personalstatus; the right to privacy; personal data protection (D.Lgs. n. 196/2003) - Legal persons: profit, non profit - family law - marriage - separation and divorce - the rules relating to the assets and the liabilities of the family - family enterprise - register of "Stato civile" (register of birth, marriages and deaths).

5. Wills and trusts - heirs' rights - inheritance and legacy - acceptance - estate executor and administrator - gifts - partition - the "patto di famiglia" (family covenants, L. n. 55/2006).

6. Law and property - categories of goods - combination of goods -in remrights- real and personal property - freehold and real estate: content, limits, restrictions, also with regard to environmental and town-planning regulation - otherin remrights: life estate - tenancy in common and co-ownership of a block of flats - freehold and time-sharing property - Legal circulation of goods and property transfer; original and derivative acquisition, purchaser in good faith for a valuable consideration - possession (French and Italian conception) - civil law remedies: actions in defense of property and possession.

7. Economic activity and services - entrepreneur (imprenditore) and enterprise - categories of entrepreneurs and their statute - craftsman, independent professionals (free lance), employees - the agents of the entrepreneur - the firm - sign, trade mark - on-linedomain name- intellectual property (I.P.): copyright, patent, the "new" properties - Business associations: partnerships - legal publicity on-line and companies register - corporations - other forms of business associations.

Readings/Bibliography

a) IUDICA & ZATTI,Linguaggio e regole del diritto privato,Padova, CEDAM, latest ed.

b) An up-to-date edition of the Italian civil code (GIUFFRE', CEDAM, ESI, ZANICHELLI, etc.)

Teaching methods

Lectures. Case law briefing and analysis.

Assessment methods

The final exam will be divided into two parts: written and oral.

The written test consists of 15 questions (multiple choice) and the student must give at least 9 correct answers to be admitted to the oral exam, which will determine the finale score.

After each half of the series of lectures, students can sit for a preliminary test (written and oral), on the topics tackled in class up to that point.

Students who fail or miss the mid-term test - or, those who pass the mid-term test, but are not successful in the second (final) partial test - are not eligible to sit another time for the mid-term test. Hence, they are expected to take a final exam based on the entire course program.

Teaching tools

Text-book and materials handed out during the course.

Office hours

See the website of Francesco Quarta