74764 - Private Law (A-C)

Learning outcomes

Acquisition of basic knowledge on the structure and the fundamental institutions of the Civil Code through the study of the rules governing property, successions, obligations, contracts and unlawful acts.

Course contents

- Private law

-Private law sources

- The application of private law, the interpretation and the effectiveness of law in time and in space

- Subjective legal situations and legal relations

- Legal facts and legal acts

- The subjects of private law

-Natural person, legal person, non-personified entities

- Associations, foundations and committees

-Personality rights

- Things and properties

-Property and possession

- The means of acquisition of property

- Rights in rem over properties of others and other in rem situations

- Co-ownership and condominium

- Division

-Bonds: subjects, sources, types

- Performance, non-performance and mora credendi

- Circulatory and extinction events

-Contracts: notion and essential elements

- Negotiations, contractual obligations, contract formation

- Contract validity and invalidity

- Effectiveness, ineffectiveness and simulation of contract

- The preliminary contract

- Representation

- The effects of the contract

- The so-called accidental elements of the contract

- Credit and contract circulation

-Termination, withdrawal and rescission of the contract

- The qualification of contracts

- The behaviour of the contracting parties and the interpretation of the contract

-Torts

- Other acts or facts giving rise to an obligation (excluding credit instruments)

- Debtor's liability of guarantees of the creditor

- Causes of pre-emption and credit guarantees

- Means of preserving the patrimonial guarantee

- Contract of sale (contratto di vendita)

- Contract of lease (contratto di locazione)

- Rental agreement (contratto di affitto)

- Procurement contracts (contratto di appalto)

- Gratuitous loans for use (contratto di comodato)

-Mortgage (contratto di mutuo)

-Agency (contratto di mandato)

- Consumer Law and the so-called third contract

-Family Law

- Marriage: the act and the relationship

- The patrimonial relationships in the family

- Filiation

- Alimony

- Succession by reason of death

- Succession by the law

- Testamentary succession

- Necessary succession

- Community of heirs and division

- Donation and non-donative gifts

▪ Transcription (La trascrizione) and resolution of conflicts of rights

▪ Evidence (Le prove)

▪  Prescription and forfeiture

N.B.: As to the specific contracts, it should be noted that only the contracts specifically identified above should be the subject of study.

PRIVATE LAW COURSE - 9 CFU

For students under the old system (course of Private Law – 9 credits), the exam program includes all the abovementioned subjects, except for:

- sale contracts (contratto di vendita)

- lease contracts (contratto di locazione)

- rent contracts (contratto di affitto)

- procurement contracts (contratto di appalto)

- agency (contratto di mandato)

- gratuitous loans for use (contratto di comodato)

- loans (contratto di mutuo)

 

PRIVATE LAW ADDITIONAL ACTIVITIES

Private Law additional activities are addressed to students who opt for the Master Degree program and have already passed the Private Law exam of the graduation course in Juridical Studies (8 CFU). These students need to integrate 1 CFU necessary to obtain 9 CFU, as required in the Master Degree in Law program.

Program

The oral exam will focus on the following program: - knowledge of the text of the legislative decree that reformed the “family pact” introduced by law n. 55 of 14 February 2006 – art. 2645 c.c. “Della introduzione della trascrivibilità di vincoli di destinazione” inserted by Art. 39-novies, d.l. 30 December 2005, n. 273, converted by law n. 51, of 23 February 2006.

 

OTHER REQUESTS for supplementing the exam

Students who need to supplement their private law exam in cases not covered above may contact Prof. Alessandra Spangaro (alessandra.spangaro@unibo.it)

 

Readings/Bibliography

Francesco Galgano, Diritto Privato, last edition, limited to the subjects included in the program.

or, alternatively

Andrea Torrente, Piero Schlesinger, Manuale di diritto privato, Giuffrè, Milano, last edition, limited to the subjects included in the program, as indicated in the “course contents” section.

The study of the chosen textbook must necessarily be accompanied by the consultation of the Civil Code (updated edition). The Civil Code must also be constantly consulted during the lectures. The student is required to keep abreast of the most recent legislation.

Teaching methods

Traditional classes

Case study

Written exercises will also be conducted during the course using artificial intelligence.

Assessment methods

The exam is structured around a written test and a subsequent interview.

WRITTEN TEST

The test includes 30 multiple choice questions.

The score is:

-1 for each correct answer;

-0 for each wrong answer (no penalty will be applied for wrong answers)

A passing grade is achieved if 24 answers or more are correct. The test will not be graded, it will simply grant access to the oral exam. The final grade will be based only on the oral exam.

The time available for the test will be 40 minutes, students are allowed to consult the Italian Civil Code.

ORAL EXAM

The aim of the exam is to verify the student’s knowledge of the most important private law issues, including the capacity to make the necessary logical-deductive connections.
The final grade will be calculated according to the following general criteria:

Basic knowledge of the basic topics in the program, analytical skills only exhibited when prompted by the teacher, generally proper language, but without using technical terms: 18-20;

Knowledge of the whole program, with autonomous but limited analytical skills, proper language, including the most important technicalities: 21-24;

Knowledge of the whole program, with autonomous analytical skills, proper knowledge of the specific terminology: 25-29;

Extensive knowledge of the whole program, with independent and in-depth analytical skills, full mastery of the specific terminology and capacity to put forward proper arguments: 30-30L.

The above indications concerning the course contents and the assessment methods also apply to Erasmus students.

The final dissertation has to be delivered to the supervisor at least fifteen days before the date set for the deposit at the secretary.

Teaching tools

Students with disabilities, including learning disabilities, who need compensatory tools may communicate their needs to the Lecturer and be addressed to a referee, with whom they can agree the adoption of the most suitable arrangements.

Office hours

See the website of Giusella Dolores Finocchiaro

See the website of Alessandra Spangaro

See the website of Davide Maria Locatello