74764 - Private Law (M-Q)

Learning outcomes

Acquisition of knowledge of the structure and the fundamental legal concepts of the civil code through the study of property, successions, obligations, contracts and torts.

Course contents

▪ Private law
▪ Private law sources
▪ Private law scope of application
▪ The subjects of private law
▪ Natural person and legal person
▪ Associations, foundations and committees
▪ Personal rights
▪ Goods and property
▪ Possession
▪ Property acquisition
▪ Rights in rem
▪ Co-ownership
▪ The obligations
▪ Performance and non-performance
▪ Contract law
▪ Contract validity and invalidity
▪ Contract enforceability
▪ Representation
▪ Contract effects
▪ Resolution and recession
▪ Contracting parties behaviors
▪ Torts
▪ Other acts or facts sources of the obligations
▪ debtor liability and credit guarantees
▪ Credit and contract sales
▪ sales contracts
▪ tenancy contract
▪ rent contract
▪ procurement contract
▪ mandate contract
▪ loan for free contract
▪ loan contract
▪ Family
▪ Marriage
▪ Spouses relations

▪ Patrimonial relationships in the family

▪ Property relations between spouses
▪ Filiation
▪ Inheritance law
▪ Donation
▪ registration
▪ Evidence law
▪ Forfeiture and limitation of actions

PRIVATE LAW COURSE - 9 CFU

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

- sales contract

- tenancy contract

- rent contract

- procurement contract

- free on loan contract

- loan contract

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 in order to obtain 9 CFU, as required in the Master Degree in Law program.

The oral examination 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.

Readings/Bibliography

Francesco Galgano, Diritto Privato, Cedam, Padova, 2023, only the chapters concerning the subjects included in the program.

or, alternatively

Salvatore Patti (a cura di), Diritto privato, Cedam, Padova, 2022, only the chapters concerning the subjects included in the program.

or, alternatively

Andrea Torrente, Piero Schlesinger, Manuale di diritto privato, Giuffrè, Milano, last edition, only the chapters concerning the subjects included in the program.

For the preparation of the oral exam the reading of the following text is highly recommended, also for the reference to the most recent case law:

Rita Rolli, Il diritto privato nella società 4.0, Padova, Cedam-Wolters Kluwer, II ed., 2021.

The consultation of the following handbook is suggested:

Salvatore Patti (a cura di), L’esame di diritto privato. Definizioni e questioni, Giappichelli, last edition.

The consultation of an updated version of the civil code is necessary.

The not-attending students will have to integrate the study of the handbook with the following book:

Rita Rolli, Il diritto privato nella società 4.0, Padova, Cedam-Wolters Kluwer, II ed., 2021, chapter IV, V, VI.

Teaching methods

Traditional classes. Discussion of case law. In parallel with the lectures, one or more in-person or online tutorials of approximate lenght of two hours will take place, consisting of (i) a brief illustration of a topic by the lecturer, (ii) the delivering of an open-ended question to the students (iii) the drafting by the students of a written text following the indications set out by the lecturer (within the time limits and to the extent indicated by the person responsible for the exercise) and, finally, (iv) the self-correction by the students following a description by the lecturer of the optimal methods and content of the written answer. Time will also be given to students to ask questions, elaborate and request verification of any errors made.

The participation to the classes is functional to the learning of the method of studying private law and to get a deeper insight, also through the critical assessment of the most important cases, of the most relevant and pressing private law topics, which are subject of the oral examination.

Assessment methods

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

Written test

The examination is by means of a quiz, with 30 multiple-choice questions. The mark is 1 if the answer is correct, 0 if it is wrong, with no negative mark being awarded to the error. A pass mark is achieved with a score of 24 correct answers. The quiz, the passing of which conditions admission to the oral test, constitutes a mere eligibility for the passage to the oral examination, no grade will therefore be given; the final mark for the test will therefore only be awarded during the oral examination, based on the interview; the quiz will not be averaged. The time available to the student for the written test is 40 minutes. A pass will only allow passage to the oral examination within the same examination roll. Consultation of the printed, uncommented Civil Code is permitted during the test.

The student must register for the written test and then, if successful, for the oral test.

Oral test

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

The grading of the final grade will be carried out according to the following criteria basic preparation on the fundamental institutes and ability to analyse that only emerges with the help of the teacher, expression in language that is on the whole correct, even if not technical - 18-20; preparation on all the institutes addressed in the course, with an autonomous, albeit primary, ability to analyse, expression in correct language, including the most relevant technicalities - 21-24 preparation on all the institutes addressed in the course, ability to make autonomous choices of critical analysis, knowledge of the specific terminology - 25-29; thorough preparation on all the topics addressed in the course, ability to make autonomous choices of critical analysis and linking, full mastery of the specific terminology and ability to argue - 30-30L.

The above indications concerning the syllabus and the examination procedure also apply to Erasmus students.

Dissertation

The dissertation is assigned by the lecturer following an interview with him/her. The dissertation must be handed in to the lecturer at least twenty days before the date on which it is due to be submitted to the secretariat.

Teaching tools

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

Office hours

See the website of Rita Rolli