00532 - Institutes in Private Law

Course contents

** More detailed information on the actual chapters and paragraphs to be studied for the tests will be provided in class. See "NOTICES" section on the teacher's webpage: www.unibo.it/faculty/f.quarta (in English).
PART ONE
-- The concept of (objective) law and the sources of national and EU Law. Private/Public law - Rights and Rightful Interests - The "system" of the Civil Code within the framework of the constitutional system. 
-- Litigation and protection of vested interests - Precautionary measures: registration of real estate transfers (land registry) – The civil process: judicial and arbitral procedures. Peculiarities of the civil trial: burden of proof, evidence (especially documents), injunctions, judgment on the merits. Statute of limitation.
-- Natural persons - name, domicile, personal status; the right to privacy; personal data protection (D.Lgs. n. 196/2003) - Legal persons: profit, non profit - family law – civil unions - marriage - separation and divorce - the rules relating to the assets and the liabilities of the family - family enterprise.
-- Wills and trusts - heirs' rights - inheritance and legacy - acceptance - estate executor and administrator - gifts - partition - "Patti di famiglia" (L. n. 55/2006).
-- Law and property - categories of goods - combination of goods - in rem rights - real and personal property - real estate property: content, limits, restrictions - other in rem rights: life estate - co-ownership and condominiums - time-sharing property - Legal circulation of goods and property transfer; original and derivative acquisition, relevance of the purchaser's good or bad faith – the notion of possession (comparative analysis) - remedies: actions in defense of property and possession.
PART TWO:
-- Obligations – (Subjective and objective) requisites of obligations - subjective and objective modifications: obligation as a good (securutization, factoring) – Different types of obligations. - Remedies against conveyance in fraud of creditors: Actio pauliana and conservatory seizure - real and personal guarantees, in particular mortgage and performance bonds - promises, gratuitous promises and securities – Performance and liability.
-- Agreement and contract - consent formation - agency and powers of attorney - contract content – the notion of “causa”, consideration, conditions and warranties - unfair contract terms, consumer protection and "distance contract" (on the Internet) - contract invalidities - remedies for non-performance. – interplay between the competition laws and contract law.
-- Types of contracts (explicitly provided for by the Civil Code) - sale, in particular sale of immovable properties - agreement and conveyance in sale of land - brokerage - sale of goods – leases (for housing and for business purposes) - labor contracts, construction contracts, sub-contract - agency - insurance – settlements - other contracts in the Civil Code and in the main statutes (such as franchising - factoring - leasing). Main banking contracts.
-- Torts and civil liability - The concept of "danno ingiusto" (unjust damage). The criminal/private divide. Non-economic damages and protection of dignitary interests through the civil process. Punitive damages in comparative perspective.

Readings/Bibliography

a) P. PERLINGIERI, Istituzioni di diritto civile, Edizioni Scientifiche Italiane, latest ed. -- [or  G. IUDICA & P. ZATTI, Linguaggio e regole del diritto privato, CEDAM, latest ed.];   b) An updated version of the civil code is mandatory.

Teaching methods

Traditional lectures. Guided debates on controversial cases.

Assessment methods

The 6 cfu final exam is usually both written and oral, whereas the 4 cfu exam is oral only.
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 final score.
After each half of the series of lectures, students can sit for a preliminary test, on the topics tackled in class up to that point. 
Students who do not pass 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 new final exam based on the entire course program.

Teaching tools

Seminars. Individual research through search engines on legal and economic issues.

Office hours

See the website of Francesco Quarta