96477 - DIRITTO DEI CONTRATTI IMMOBILIARI

Learning outcomes

The course aims to provide students in the last year of the legal course of the master's degree in law, with an in-depth knowledge of some of the main and current issues concerning contract law with particular regard to the real estate sector, therefore with an overall view of the issues of civil contract law, real estate and real rights in general,as well as the new economic and contractual realities of the globalised market. He/she is able to move within the legal cases inherent: from new types of sales (such as volume transfers, timeshares, contracts with builders) to contracts for the fulfillment and promotion of business (such as mandate, mediation, agency), from contracts of works and services (such as tenders, engineering contracts)forms of financing for businesses (such as mortgages, factoring, leasing and lease-back). The student is therefore able to provide legal and fiscal advice on this type of contract, also with a comparative perspective, since he has also developed knowledge about the Unidroit principles and European contract law.

Course contents

Contract law

Contract Justice

Real Estate Contracts

Contract Program and Pactum de Tractando

Validity requirements and urban planning defects

habitability and habitability of buildings

Preliminary contract

Contract of sale

Cubic capacity transfer

Timeshare

Properties to be built

lease

mandate

mediation

agency

contract

Engineering

mutual

Real Estate Credit to Consumers

mortgage

Factoring

Leasing

lease-back

Fiduciary Headers

Real Estate Advertising

Contractual liability

Pre-contractual liability

Readings/Bibliography

Francesco Galgano, Treatise on Civil Law, latest edition, limited to the parts covered by the program;

Teaching methods

Lecture. Discussion of cases and judgments. The attendance of the lectures is functional to the learning of the method of study of real estate contract law and to the in-depth study, in the light of the most significant judgments, of the most relevant and current aspects of contract law, subject to evaluation during the oral exam.

Assessment methods

The exam consists of an oral exam consisting of an oral question on the entire course program.

The evaluation will take into account the knowledge of institutional profiles, the ability to make connections between the various parts of the programme and to develop critical arguments, as well as the clarity of the exposition.

In parallel with the lessons, one or more face-to-face exercises will be held, lasting about 2 hours, consisting of the concise illustration of a topic by the teacher and the administration of an open-ended question to the students, in the drafting by the students of a written text following the instructions previously set out (within the time limits and according to the extent indicated by the person in charge of the exercise),finally, in the self-correction by the students following a description by the teacher of the methods and optimal contents of the written answer, leaving space for questions, in-depth analysis, request for verification of any errors made.

Dissertation

The degree thesis is assigned by the teacher after an interview with the same. The dissertation must be delivered to the lecturer at least twenty days before the date scheduled for the submission of the paper to the secretary's office.

Teaching tools

During the course, the most relevant materials examined during the lectures will be made available.

Students who, for reasons related to disabilities or specific learning disorders (SLD), need compensatory tools can communicate their needs to the teacher in order to be directed to the referents and agree on the adoption of the most appropriate precautions.

Office hours

See the website of Angelo Riccio