03661 - Civil Law I

Learning outcomes

The course fosters a comprehensive, consistent as well as critical understanding of private law institutions. It adresses the reciprocal interaction of norms, principles, and tenets of private law.

Student shall assess the contribution of each of these elements in building a system characterized by an ever-increasing complexity of sources and interpretative solutions.

The evolution of concepts in the italian jurisdiction, always related to the growth of the western legal tradition, toghether with a thorough case analysys will lead the student towards a truly conscious approach to the topics covered.

Course contents

The course addresses contract law and deals with legal theory, positive law and comparative law.

 

Readings/Bibliography

A thorough re-reading and knowledge of the general institutions of private law (taxonomy of legal facts, acts and legal transactions; the law of obligations; securities and credit guarantees; transfer of property) is mandatory and is to be addressed during the final exam.

The suggested textbook is the following:

- A. Cataudella, I contratti. Parte generale, 6a ed., Giappichelli, 2023.

Teaching methods

Class is held by Prof. Marco Martino.

Lessons are delivered in presence, according to UNIBO rules.

A particular focus on case law is also fostered.

Attending students may study selected cases and set up small working groups in order to discuss them in class.

Assessment methods

The exam, consisting of an interview, will be carried out taking into consideration:

• the knowledge of institutional profiles;
• the ability to analyze the jurisprudential and doctrinal guidelines;
• the ability to make connections between the different parts of the program;
• the ability to develop critical arguments;
• the exposure articulation;
• the accuracy of the exposure.

Enrolling must be done using the Almaesami application (https://almaesami.unibo.it/almaesami/welcome.htm ).

The exam will be graded considering the following criteria:

preparation on most of the topics of the exam program, but with limited analytical skills, such as to require the explanatory intervention of the teacher; correct language, but without technicality: 18-21;
preparation on the whole exam program, with autonomous analytical skills, even if not in depth, ccorrect language, but without technicality: 22-24;
preparation on the whole exam program, with autonomous and in-depth analytical skills, correct and sufficiently technical language: 25-27;
preparation on the whole exam program, with independent and in-depth analytical skills, good mastery of language of technical language: 28-29;
preparation on the whole exam program, with independent and in-depth analytical skills, excellent mastery of language of technical language: 30-30LStudents are allowed to take the Civil Law examination only after having taken Private Law and Public Law.

Degree thesis / final thesis

The degree thesis is assigned by Prof. Marco Martino, following a meeting with the requesting student.

Students are supervised by a tutor appointed by Prof. Marco Martino

Teaching tools

Students who need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) should communicate to the teacher their needs so as to be directed to the dedicated person and arrange on the adoption of the most appropriate measures.

Office hours

See the website of Marco Martino