Civil Law

Daniela VALENTINO Civil Law

0212100008
DIPARTIMENTO DI SCIENZE ECONOMICHE E STATISTICHE
EQF6
BUSINESS ADMINISTRATION
2017/2018



OBBLIGATORIO
YEAR OF COURSE 1
YEAR OF DIDACTIC SYSTEM 2016
PRIMO SEMESTRE
CFUHOURSACTIVITY
1060LESSONS


Objectives
KNOWLEDGE AND UNDERSTANDING. THE STUDENT WILL LEARN THE BASICS OF THE DISCIPLINE OF RELATIONSHIPS BETWEEN PRIVATES. HE WILL KNOW THE PRINCIPLES AND RULES GOVERNING THE LEGAL SYSTEM ALSO BY ANALYZING CASES LAW WITH A CRITIC APPROACH. THE STUDENT WILL ACQUIRE CRITICAL CAPACITY THROUGH THE CONCEPTUAL TOOLS THAT ARE FUNCTIONAL TO LEARNING. PARTICULAR ATTENTION WILL BE GIVEN TO THE FUNDAMENTAL CONCEPTS CONCERNING OBLIGATIONS LAW AND CONTRACT LAW.
ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING. THE STUDENT WILL BE ABLE TO INTERPRET NORMATIVE TEXTS, APPLY LEGAL KNOWLEDGE TO CONCRETE SITUATIONS, HYPOTHESIZE THE LEGAL CONSEQUENCES OF DIFFERENT BEHAVIORS OF PRIVATE SUBJECTS. HE WILL BE ABLE TO QUALIFY THE CASE BY IDENTIFYING THE APPLICABLE RULE TO THE CONCRETE LEGAL RELATIONSHIPS; HE WILL HAVE THE NECESSARY CRITICAL SENSE TO UNDERSTAND LEGISLATIVE AND MARKET CHOICES. STUDENTS WILL HAVE THE CAPACITY TO REPRESENT AND DISCUSS EFFECTIVELY THE RESULTS OF THEIR WORK, USING LITERATURE AND NATIONAL AND INTERNATIONAL ON-LINE DATABASES.
Prerequisites
THE PROGRAM HAS BEEN DRAWN UP IN COORDINATION WITH PROGRAMS OF OTHER LEGAL, ECONOMIC AND BUSINESS SUBJECTS.
Contents
INTERPRETATION AND SOURCE OF LAW
LEGAL FACTS AND LEGAL EFFECTS
RIGHTS AND LEGAL SITUATIONS
NATUAL PERSONS
LEGAL ENTITIES
PERSONALITY RIGHTS
GOODS
RIGHT OF OWNERSHIP AND PROPERTY INTEREST
POSSESSION: RULES AND EFFECTS
ACTIONS IN DEFENCE OF OWNERSHIP AND POSSESSION
THE LAW OF OBLIGATIONS AND SECURITY
PRESCRIPTION AND FORFEITURE
THE LAW OF CONTRACT
THE MAIN TYPES OF CONTRACTS: SALE, INDEPENDENT CONTRACT, WORKS CONTRACT, LEASE, MANDATE, MORTGAGE
UNILATERAL PROMISES
PUBLICITY AND REGISTRATION
JUDICIAL PROTECTION AND EVIDENCE
CIVIL LIABILITY AND TORT
FAMILY AND PARENTAL RELATIONSHIPS LAW
LAW ON SUCCESSION
Teaching Methods
LECTURES, SEMINARS ALSO HELD BY SCHOLARS FROM FOREIGN UNIVERSITIES AND PRACTITIONERS, EXERCISES AND DISCUSSION ON CASE LAW
Verification of learning
THE ACHIEVEMENT OF THE OBJECTIVES IS CERTIFIED BY PASSING AN EVALUATION TEST WITH JUDGMENT EXPRESSED IN 30TH. THE EXAM PROVIDES FOR A NON-MANDATORY MIDTERM TEST, AND AN ORAL EXAM, ON SUBJECTS INDICATED. THE MIDTERM TEST WILL INCLUDE 5 MULTIPLE-CHOICE QUESTIONS AND 2 OPEN-ENDED QUESTIONS (QUESTIONS WILL INCLUDE: 5 MULTIPLE QUESTIONS ON INTRODUCTORY NOTIONS AND BASIC PRINCIPLES; 2 WRITTEN QUESTIONS ON NATURAL AND LEGAL PERSONS, PROPERTY, REAL RIGHTS AND PERSONALITY RIGHTS). IN THE ORAL EXAMINATION, 6 OPEN ORAL QUESTIONS WILL BE ASKED (QUESTIONS WILL INCLUDE: NO. 2 ON THE RIGHT OF OBLIGATIONS, NO. 3 ON CONTRACT LAW, NO. 1 ON FAMILY LAW AND SUCCESSION UPON DEATH). THE MIDTERM TEST WILL TAKE PLACE IN THE SECOND HALF OF THE COURSE AND LASTS 45 MINUTES. THE ORAL TEST WILL TAKE PLACE ON THE DATES SET OUT IN OFFICIAL CALENDAR AND LASTS 20 MINUTES. FOR THE EVALUATION, DURING THE MIDTERM TEST, A SCORE OF 2 FOR EACH CORRECT MULTIPLE RESPONSES AND 0 POINTS FOR EACH INCORRECT OR UNSPECIFIED MULTIPLE RESPONSES WILL BE ASSIGNED AND A SCORE FROM 0 TO 10 FOR EACH OPEN RESPONSE (ACCORDING TO THE FOLLOWING SCALE OF VALUES: SEVERELY INADEQUATE, INSUFFICIENT, SUFFICIENT, DISCREET, GOOD): FOR A TOTAL OF 30 POINTS. DURING THE ORAL EXAM, THE STUDENT'S EXPOSURE WILL BE SCORED AT A SCORE OF 1 TO 5 FOR EACH QUESTION, FOR A TOTAL OF 30 POINTS, ACCORDING TO THE FOLLOWING SCALE: SEVERELY INADEQUATE; INSUFFICIENT; ENOUGH; DISCREET; GOOD. THE MIDTERM TEST AND THE ORAL TEST ARE OVERCOME WITH A MINIMUM VOTE OF 18/30. THE MIDTERM TEST AND THE ORAL EXAM AIM TO EVALUATE THE STUDENT'S UNDERSTANDING AND KNOWLEDGE, MANAGING THE TOOLS, AND THE ABILITY TO APPLY KNOWLEDGE TO SOLVE PRACTICAL PROBLEMS. THE FINAL EVALUATION WILL RESULT FROM THE AVERAGE BETWEEN THE MIDTERM TEST AND THE ORAL EXAM, UNLESS THE STUDENT REFUSES THE MIDTERM TEST EVALUATION. IN THIS CASE, THE ORAL EXAMINATION WILL COVER ALL THE PROGRAM, INCLUDING THE TOPICS FOR THE MIDTERM TEST. THE EXAM (30 MINUTES) PROVIDES FOR AN ORAL TEST IN WHICH NO. 6 OPEN QUESTIONS WILL BE ANSWERED BY THE LECTURER (QUESTIONS WILL CONSIST OF: NO. 1 INTRODUCTORY NOTIONS AND BASIC PRINCIPLES, NO. 1 ON NATURAL PERSONS, LEGAL ENTITIES AND PERSONALITY RIGHTS, NO. 3 ON REAL PROPERTY AND RIGHTS, SECURITY LAW AND CONTRACT LAW, NO. 1 ON FAMILY LAW, SUCCESSION UPON DEATH, TORT LAW). THE TEST IS OVERCOME WITH A MINIMUM VOTE OF 18/30
Texts
PERLINGIERI, ISTITUZIONI DI DIRITTO CIVILE, NAPOLI, LAST.ED.
GALGANO, ISTITUZIONI DI DIRITTO PRIVATO, PADOVA, LAST.ED.
GIACOBBE, LEZIONI DI DIRITTO PRIVATO, TORINO, LAST.ED.
GRISI, GLI ISTITUTI DEL DIRITTO PRIVATO, T. I-II, NAPOLI, LAST.ED.
IUDICA-ZATTI, LINGUAGGIO E REGOLE DEL DIRITTO PRIVATO, PADOVA, LAST.ED.
NIVARRA, SCOGNAMIGLIO, RICCIUTO, ISTITUZIONI DI DIRITTO PRIVATO, TORINO, LAST.ED.
PARADISO, CORSO DI ISTITUZIONI DI DIRITTO PRIVATO, TORINO, LAST.ED.
TRIMARCHI, ISTITUZIONI DI DIRITTO PRIVATO, MILANO, LAST.ED.
BOCCHINI-QUADRI, DIRITTO PRIVATO, TORINO, LAST.ED.
CALVO-CIATTI CAIMI, DIRITTO PRIVATO, BOLOGNA, ULT.ED.
CODICE CIVILE:
DE NOVA, CODICE CIVILE E LEGGI COLLEGATE, BOLOGNA, LAST.ED.
DI MAJO, CODICE CIVILE, MILANO, LAST.ED.
More Information
SUGGESTED READINGS
CASE LAW, SLIDES AND CONTRACTUAL MODELS
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