Civil Law

Daniela VALENTINO Civil Law

0212400008
DIPARTIMENTO DI SCIENZE ECONOMICHE E STATISTICHE
EQF6
ECONOMICS
2019/2020



OBBLIGATORIO
YEAR OF COURSE 1
YEAR OF DIDACTIC SYSTEM 2016
SECONDO 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 (2H)
LEGAL FACTS AND LEGAL EFFECTS (1H)
RIGHTS AND LEGAL SITUATIONS (1H)
NATURAL PERSONS (2H)
LEGAL ENTITIES (2H)
PERSONALITY RIGHTS (2H)
GOODS (2H)
RIGHT OF OWNERSHIP AND PROPERTY INTEREST (4H)
POSSESSION: RULES AND EFFECTS (2H)
ACTIONS IN DEFENCE OF OWNERSHIP AND POSSESSION (1H)
THE LAW OF OBLIGATIONS AND SECURITY (14H)
PRESCRIPTION AND FORFEITURE (1H)
THE LAW OF CONTRACT (14H)
THE MAIN TYPES OF CONTRACTS: SALE, INDEPENDENT CONTRACT, WORKS CONTRACT, LEASE, MANDATE, MORTGAGE (3H)
UNILATERAL PROMISES (1H)
PUBLICITY AND REGISTRATION (1H)
JUDICIAL PROTECTION AND EVIDENCE (1H)
CIVIL LIABILITY AND TORT (2H)
FAMILY AND PARENTAL RELATIONSHIPS LAW (2H)
LAW ON SUCCESSION (2H)
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 TEACHING GOALS IS VERIFIED WITH AN EVALUATION TEST IN THIRTIETHS. THE EVALUATION AIMS TO ASCERTAIN THE LEVEL OF UNDERSTANDING AND KNOWLEDGE ACHIEVED BY THE STUDENT, HIS MASTERY OF THE METHODOLOGICAL TOOLS, AS WELL AS HIS ABILITY TO APPLY KNOWLEDGE TO SOLVE THEORETICAL AND PRACTICAL PROBLEMS.
THE STUDENT WHO HAS ATTENDED THE COURSE WILL BE ABLE TO CHOOSE BETWEEN TWO METHODS OF EXAMINATION: A) A FIRST WRITTEN EXAM FOLLOWED BY A SECOND ORAL EXAM; B) A SINGLE ORAL EXAM. THE STUDENT IS CONSIDERED AS ATTENDING IF HIS PRESENCE IN THE CLASSROOM HAS BEEN ASCERTAINED AND REPORTED IN A LIST OF PRESENCES HELD PERSONALLY BY THE PROFESSOR. STUDENTS WHO HAVE NOT ATTENDED THE COURSE CAN ONLY TAKE THE EXAM IN B MODE.
MODE A)
THE EXAM IS DIVIDED INTO TWO TESTS. THE FIRST WRITTEN TEST CONCERNS SOURCES OF LAW AND INTERPRETATION, FACT AND LEGAL EFFECT, RIGHTS AND LEGAL RELATIONSHIP, NATURAL PERSONS, LEGAL PERSONS, PERSONALITY RIGHTS, GOODS, PROPERTY AND REAL RIGHTS, POSSESSION, ACTIONS IN DEFENSE OF PROPERTY AND OWNERSHIP, FAMILY LAW, LAW OF SUCCESSION. THE SECOND ORAL TEST CONCERNS THE DISCIPLINE OF OBLIGATIONS AND GUARANTEES, PRESCRIPTION AND FORFEITURE, CONTRACT LAW, SALE, PROCUREMENT CONTRACT,SERVICES CONTRACT, LEASE, MANDATE AND MORTGAGE, UNILATERAL PROMISES, ADVERTISING AND TRANSCRIPTION, JUDICIAL PROTECTION AND EVIDENCE, NON-CONTRACTUAL LIABILITY.
IN THE FIRST TEST, 5 MULTIPLE-CHOICE QUESTIONS AND 2 OPEN-ENDED QUESTIONS WITH AN OPEN ANSWER ARE GIVEN. FOR THE PURPOSES OF THE ASSESSMENT, 2 POINTS ARE AWARDED FOR EACH CORRECT MULTIPLE ANSWER AND 0 POINTS FOR EACH INCORRECT OR UNSPECIFIED MULTIPLE ANSWER AND A SCORE OF 0 TO 10 FOR EACH OPEN ANSWER: FOR A TOTAL OF 30 POINTS. THE FIRST WRITTEN TEST TAKES PLACE IN THE SECOND HALF OF THE COURSE AND LASTS 40 MINUTES. THE SECOND ORAL EXAM TAKES PLACE ON THE DATES INDICATED IN THE CALENDAR AND LASTS ABOUT 20 MINUTES. THE STUDENT'S EXPOSITION IS EVALUATED IN THIRTIETHS.
THE TWO TESTS ARE CONSIDERED TO HAVE BEEN PASSED WITH THE MINIMUM MARK OF 18/30. THE FIRST WRITTEN TEST IS VALID UNTIL THE LAST USEFUL CALL OF THE REFERENCE SEMESTER OF THE COURSE. THE FINAL EVALUATION RESULTS FROM THE AVERAGE VALUE OF THE EVALUATIONS OF THE FIRST WRITTEN TEST AND THE SECOND ORAL TEST. IF THE STUDENT DOES NOT INTEND TO MAKE USE OF THE RESULT OF THE FIRST WRITTEN TEST, THE EXAM FOLLOWS THE MODALITIES PROVIDED FOR THE SINGLE ORAL EXAM IN MODE B).
MODE B)
THE EXAM CARRIED OUT EXCLUSIVELY IN ORAL MODE CONCERNS THE ENTIRE TEACHING PROGRAM, HAS A DURATION OF ABOUT 30 MINUTES AND IS INTENDED TO BE PASSED WITH THE MINIMUM GRADE OF 18/30.
THE MAXIMUM EVALUATION OF 30/30 IS AWARDED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND IN-DEPTH KNOWLEDGE OF THE THEORETICAL CONTENTS, AS WELL AS AN EXCELLENT ABILITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. PRAISE IS GIVEN WHEN THE STUDENT SHOWS A SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIONAL CONTENT, PRESENTING THE TOPICS WITH CONSIDERABLE OWNERSHIP OF LANGUAGE AND AUTONOMOUS PROCESSING SKILLS EVEN IN CONTEXTS DIFFERENT FROM THOSE PROPOSED BY THE PROFESSOR.
Texts
ANELLI, GRANELLI, SCHLESINGER, TORRENTE, MANUALE DI DIRITTO PRIVATO, MILANO, LATEST ED.
GALGANO, ISTITUZIONI DI DIRITTO PRIVATO, PADOVA, LATEST ED.
GIACOBBE, LEZIONI DI DIRITTO PRIVATO, TORINO, LATEST ED.
GRISI, GLI ISTITUTI DEL DIRITTO PRIVATO, T. I-II, NAPOLI, LATEST ED.
IUDICA-ZATTI, LINGUAGGIO E REGOLE DEL DIRITTO PRIVATO, PADOVA, LATEST ED.
NIVARRA, SCOGNAMIGLIO, RICCIUTO, ISTITUZIONI DI DIRITTO PRIVATO, TORINO, LATEST ED.
PARADISO, CORSO DI ISTITUZIONI DI DIRITTO PRIVATO, TORINO, LATEST ED.
PERLINGIERI, ISTITUZIONI DI DIRITTO CIVILE, NAPOLI, LATEST ED.
TRIMARCHI, ISTITUZIONI DI DIRITTO PRIVATO, MILANO, LATEST ED.
BOCCHINI-QUADRI, DIRITTO PRIVATO, TORINO, LATEST ED.
CALVO-CIATTI CAIMI, DIRITTO PRIVATO, BOLOGNA, LATEST ED.
CODICE CIVILE:
DE NOVA, CODICE CIVILE E LEGGI COLLEGATE, BOLOGNA, LATEST ED.
DI MAJO, CODICE CIVILE, MILANO, LATEST ED.
G. ALPA E V. ZENO-ZENCOVICH, ITALIAN PRIVATE LAW, USA-CANADA, 2007
G. IUDICA E P. ZATTI, LANGUAGE AND RULES OF ITALIAN PRIVATE LAW: AN INTRODUCTION, PADOVA, 2012.
More Information
SUGGESTED READINGS
CASE LAW, SLIDES
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