Private Law

Antonio MUSIO Private Law

0212700001
DEPARTMENT OF MANAGEMENT & INNOVATION SYSTEMS
EQF6
BUSINESS MANAGEMENT
2021/2022



OBBLIGATORIO
YEAR OF COURSE 1
YEAR OF DIDACTIC SYSTEM 2014
SECONDO SEMESTRE
CFUHOURSACTIVITY
1060LESSONS


Objectives
STUDENTS WILL HAVE TO DEVELOP, THROUGH A CASUISTIC AND JURISPRUDENTIAL INFORMATION, THE KNOWLEDGE OF FUNDAMENTAL PRINCIPLES AND RULES OF PRIVATE RELATIONS, ACQUIRING THE CONCEPTUAL TOOLS FUNCTIONAL TO LEARNING ALSO OF CERTAIN PROFILES CONCERNING THE COMPANY AND THE COMPANIES. STUDENTS WILL DEVELOP THE ABILITY TO APPLY THE KNOWLEDGE LEARNED THEORETICALLY TO CONCRETE SITUATIONS AND WILL BE ABLE TO COMBINE THEM WITH THE ADDITIONAL SPECIFIC KNOWLEDGE THEY WILL ACQUIRE DURING THEIR STUDIES.

EDUCATIONAL GOALS
THE COURSE AIMS TO PROVIDE STUDENTS WITH THE USEFUL AND NECESSARY TOOLS FOR THE KNOWLEDGE OF THE FUNDAMENTAL INSTITUTES OF PRIVATE LAW AND FOR CONSULTATION AND UNDERSTANDING, IN THE FRAMEWORK OF CONSTITUTIONAL, INTERNATIONAL AND COMMUNITY PRINCIPLES, OF NORMATIVE TEXTS AND DOCTRINAL AND JURISPRUDENTIAL GUIDELINES.

KNOWLEDGE AND UNDERSTANDING
THE COURSE AIMS TO ENSURE THE KNOWLEDGE OF THE FUNDAMENTAL CONCEPTS AND PRINCIPLES OF THE LEGAL SYSTEM THAT GOVERNS THE RELATIONSHIP BETWEEN INDIVIDUALS, WITH PARTICULAR ATTENTION TO THE SUBJECTS, ASSETS, LEGAL SITUATIONS OF BELONGING, CREDIT / DEBIT SITUATIONS AND RELATED SOURCES. IT ALSO PROPOSES TO DEFINE THE ESSENTIAL FEATURES OF THE REGULATION OF SUCCESSION MORTIS CAUSA AND FAMILY LAW, ESPECIALLY WITH REGARD TO CAPITAL ASPECTS.

ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING
AT THE END OF THE LESSONS THE STUDENTS WILL BE ABLE TO ANALYZE THE REFLECTIONS OF THE JURIDICAL RULES IN THE FIELD OF PRIVATIZATION ON THE ACTIONS OF THE SUBJECTS OF THE LEGAL SYSTEM

AUTONOMY OF JUDGMENT
THE PROBLEMATIC METHODOLOGICAL APPROACH AND THE UNITARY PERSPECTIVE OF THE LEGAL SYSTEM PROVIDE LEARNERS WITH A COMPLETE CRITICAL CAPACITY NOT ONLY ON STRICTLY PRIVATE ISSUES, BUT ALSO IN RELATION TO PROBLEMS RELATED TO OTHER AREAS OF LAW, SO AS TO BE ABLE TO FRAME EACH SPECIFIC CASE INVESTIGATION INTO THE UNITY OF THE SYSTEM.

COMMUNICATION SKILLS
STUDENTS WILL BE ABLE TO REPRESENT AND EFFECTIVELY DISCUSS TO THEIR INTERLOCUTORS (SPECIALISTS AND NOT) THE ACQUIRED RESULTS SUCH AS THE IDENTIFICATION OF LEGAL PROBLEMS EVEN OF A NON-STRICTLY PRIVATE NATURE, THE QUALIFICATION OF THE CASES UNDER INVESTIGATION AND THE RELATIVE REGULATORY FRAMEWORK.

LEARNING ABILITY
THE STUDENT, ON THE BASIS OF THE ACQUIRED KNOWLEDGE, WILL BE ABLE TO ANALYZE ALSO NEW AND DIFFERENT LEGAL PROBLEMS COMPARED TO THOSE FACED IN THE COURSE AND WILL HAVE THE ABILITY TO DEVELOP THEIR SKILLS THROUGH AN APPROPRIATE RESEARCH METHOD BOTH ON PAPER SOURCES AND ON LEGAL DATABASES NATIONAL AND INTERNATIONAL ACCESSIBLE ONLINE.
Prerequisites
NO ONE
Contents
THE LEGAL SYSTEM (5 HOURS)
SOURCES OF LAW; FACT AND LEGAL EFFECT; SUBJECTIVE SITUATIONS AND LEGAL RELATIONSHIP; INTERPRETATION.
NATURAL PERSONS AND LEGAL PERSONS. LEGAL SITUATIONS (10 HOURS)
EXISTENTIAL, REAL, POSSESSORY, GUARANTEE SITUATIONS; PRESCRIPTION AND FORFEITURE.
DEBT AND CREDIT SITUATION (15 HOURS)
SOURCES, STRUCTURE, CHARACTERS AND EVENTS OF THE OBLIGATION; TYPICAL SPECIES OF BONDS; WAYS OF EXTINGUISHING THE OBLIGATION.
CONTRACTUAL AUTONOMY AND CONTRACTUAL AUTONOMY (15 HOURS)
ESSENTIAL ELEMENTS AND REQUIREMENTS OF THE CONTRACT; TRAINING, EXECUTION AND PATHOLOGIES OF THE CONTRACT; NEGOTIATING AUTONOMY WITH NON-PATRIMONIAL CONTENT; INDIVIDUAL CONTRACTS; UNILATERAL PROMISES.
CIVIL LIABILITY (5 HOURS)
ILLEGAL STRUCTURE AND SPECIAL RESPONSIBILITIES.
FAMILY AND SUCCESSIONS DUE TO DEATH (10 HOURS)
FEATURES OF FAMILY LAW AND SUCCESSION.
Teaching Methods
THE TEACHING TAKES PLACE IN THE SECOND SEMESTER OF THE FIRST YEAR AND PROVIDES A TOTAL OF 60 HOURS OF LESSONS. THE COURSE INCLUDES LECTURES AND IS ENRICHED WITH SEMINARS HELD BY EXPERTS.
Verification of learning
THE EXAM CONSISTS OF AN ORAL INTERVIEW, DURING WHICH THE STUDENT MUST DEMONSTRATE KNOWLEDGE OF THE FUNDAMENTAL TOOLS OF PRIVATE LAW AND IN PARTICULAR THE MAIN SOURCES, THE STRUCTURE AND THE IMPLEMENTATION PHASES OF THE TYPICAL OBLIGATIONS, THE CONTRACT. HE WILL ALSO HAVE TO PROVE THAT HE IS ABLE TO MAKE USE OF THE NORMATIVE TEXTS OF REFERENCE. THE FINAL MARK IS ATTRIBUTED IN THIRTIETHS. THE EXAM IS CONSIDERED PASSED WHEN THE GRADE IS GREATER THAN OR EQUAL TO 18. THE MINIMUM LEVEL OF EVALUATION (18) IS ASSIGNED WHEN THE STUDENT HAS A FRAGMENTED KNOWLEDGE OF THE THEORETICAL CONTENTS. THE MAXIMUM LEVEL (30) IS ASSIGNED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND IN-DEPTH KNOWLEDGE OF THE THEORETICAL CONTENTS AND SHOWS A REMARKABLE ABILITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. PRAISE IS GIVEN WHEN THE CANDIDATE DEMONSTRATES SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIONAL CONTENT AND SHOWS HOW TO PRESENT THE TOPICS WITH CONSIDERABLE OWNERSHIP OF LANGUAGE AND AUTONOMOUS PROCESSING SKILLS EVEN IN CONTEXTS DIFFERENT FROM THOSE PROPOSED BY THE TEACHER.
Texts
AT THE CHOICE OF THE STUDENT ONE OF THE FOLLOWING MANUALS:
R. CALVO, A. CIATTI CAIMI, DIRITTO PRIVATO, ZANICHELLI, TORINO, 2020.
C. CICERO, ISTITUZIONI DI DIRITTO PRIVATO, MONDADORI, MILANO, 2021.
G. IUDICA, P. ZATTI, LINGUAGGIO E REGOLE DEL DIRITTO PRIVATO, PADOVA, 2020.
M. PARADISO, CORSO DI DIRITTO PRIVATO, TORINO, 2020
P. PERLINGIERI, ISTITUZIONI DI DIRITTO CIVILE, ESI, NAPOLI, 2020.
M. ROPPO, DIRITTO PRIVATO. LINEE ESSENZIALI, GIAPPICHELLI, TORINO, 2020.
CONSULTATION AND IN-DEPTH TEXTS:
CODICE CIVILE ANNOTATO, A CURA DI R. PUCELLA, GIAPPICHELLI, TORINO, 2021
A. NICOLUSSI, LE OBBLIGAZIONI, CEDAM, PADOVA, 2021.
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