Civil law

Federica LAZZARELLI Civil law

0160100010
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2020/2021

OBBLIGATORIO
YEAR OF COURSE 3
YEAR OF DIDACTIC SYSTEM 2012
ANNUALE
CFUHOURSACTIVITY
12108LESSONS


Objectives
EDUCATIONAL OBJECTIVES:
THE OBJECTIVE IS THE EMERGENCE, THROUGH SETTING METHODOLOGY ADVISED TO THEORY OF INTERPRETATION AXIOLOGICALLY, THE CLOSE CONNECTION BETWEEN RULES , PRINCIPLES AND " VALUES " EXPRESSED IN THE CONSTITUTION.

KNOWLEDGE AND UNDERSTANDING:
THE COURSE AIMS TO PROVIDE A DEEPENING OF UNDERSTANDING , IN A CRITICAL AND PROBLEMATIC APPROACH, SOME AREAS ALREADY COVERED BY THE PRIVATE LAW, PAYING ATTENTION TO THE STRUCTURAL AND FUNCTIONAL ASPECTS OF THE INSTITUTES, SUPPORTED BY CASE-LAW AND JURISPRUDENCE.


APPLYING KNOWLEDGE AND UNDERSTANDING:
CONTENT AND METHODOLOGY PROPOSED ARE USEFUL AND ADEQUATE TO EQUIP STUDENTS OF THE SKILLS REQUIRED TO MODERN JURIST: INTERPRETATION, UNDERSTANDING AND EVALUATION OF THE OPERATIONAL PROBLEMS THAT OCCUR IN THE SOCIO-ECONOMIC FIELDS.
Prerequisites
PREREQUISITES: ADEQUATE BASIC KNOWLEDGE OF THE CONSTITUTIONAL LEGAL FRAMEWORK.
PREQUALIFICATION: IT'S NECESSARY TO PASS THE EXAMINATION OF PRIVATE LAW.
Contents
GENERAL PRINCIPLES OF CIVIL LAW (20 H):
CONCEPT AND FUNCTIONS OF THE GENERAL PRINCIPLES IN THE LEGAL ORDER. THE "SUPREME PRINCIPLES". THE LEGAL PRINCIPLES IN THE LAW OF CONTRACT AND OBLIGATIONS.

CONCEPT AND CONTRACT ACHIEVEMENT (16 H):
FACT, ACT AND JURISTIC ACT; PRIVATE AUTONOMY AND ITS LIMITS; CONCEPT AND ELEMENTS OF THE CONTRACT; NEGOTIATIONS AND PRE-CONTRACTUAL LIABILITY; THE PROCEDURES FOR CONCLUDING THE CONTRACT.

THE DISTURBANCE OF THE PROCEEDING (10 H):
THE DIVERGENCE BETWEEN WILL AND DECLARATION; THE WILL DEFECTS; THE RESCISSION; THE ABUSE OF ECONOMIC DEPENDENCE; THE NATURAL INCAPACITY; THE ASSUMPTION.

THE STRUCTURE OF THE CONTRACT (20 H):
THE FORM; THE CONTENT; ESSENTIAL ELEMENTS AND ACCIDENTAL ELEMENTS; CONTENT AND EFFECTS; THE INTERPRETATION OF THE CONTRACT; THE CAUSE AND THE REASON; THE LACK AND THE DEFECTS OF THE CAUSE; THE RESOLUTION.

THE EFFECTS OF THE CONTRACT (10 H):
THE EFFECTS OF THE CONTRACT AND THE THIRD PARTIES; THE SIMULATION; THE SUBSTITUTION IN THE LEGAL ACTS.

THE LACK OF EFFECTS OF THE CONTRACT (12 H):
THE LACK OF EFFECTS AND INVALIDITY; VOID AND VOIDABLE ACT; DISSOLUTION AGREEMENT AND CONTRACT TERMINATION; SAFETY AND RECOVERY OF THE CONTRACT EFFECTS.

PAPER ON CONTRACT OF 2000 (20 H):
EUROPEAN CONTRACT LAW, MARKET ASYMMETRIES AND CONSUMER CONTRACTS, BEHAVIOURAL LAW AND ECONOMICS.
Teaching Methods
THE TEACHING CONSISTS OF 108 HOURS OF FRONTAL LESSONS, PRACTISE AND SEMINARS.
THE LANGUAGE OF INSTRUCTION IS ITALIAN.
Verification of learning
THE ACHIEVEMENT OF THE EDUCATIONAL OBJECTIVE IS CERTIFIED BY PASSING AN ORAL EXAMINATION WITH EVALUATION IN THIRTIETH, THAT CONSIST OF QUESTIONS AND DISCUSSION OF THE THEORETICAL AND METHODOLOGICAL CONTENT OF THE TEACHING.
THE LEARNING OUTCOMES VERIFIED WILL BE:
1) ABILITY TO ARTICULATE A COMPLEX SPEECH;
2) ABILITY TO SPEAK WITH CLARITY, LOGIC AND APPROPRIATE LANGUAGE;
3) ABILITY TO SYSTEMATICS OF LEGAL INSTITUTES OF CIVIL LAW;
4) CRITICAL ANALYSIS AND PRACTICAL APPLICATION OF THE TEACHING CONTENTS.
5) ACQUISITION OF METHODOLOGICAL TOOLS AND LEARNING SKILLS NECESSARY TO FURTHER UPGRADE, INDEPENDENTLY, SKILLS ACQUIRED IN THE FIELD OF CIVIL LAW.

THE MINIMUM EVALUATION LEVEL (18/30) IS ATTRIBUTED WHEN THE STUDENT HAS A FRAGMENTAL KNOWLEDGE OR SHOWS A LIMITED CAPACITY OF THE SYSTEMATIC AND ASSIOLOGICAL COMPREHENSION OF THEORETICAL CONTENT; SHOWS A REDUCED ORIENTATION COMPARED TO THE ADDRESSES OF DOCTRINE AND JURISPRUDENCE, EXHIBITING A LIMITED MASTERY OF TECHNICAL LANGUAGE AND LEGAL ARGUMENTATION, EXHIBITION LOW CONSCIOUSNESS OF METHODOLOGY.

THE MAXIMUM LEVEL (30/30) IS ATTRIBUTED WHEN THE STUDENT SHOWS A COMPLETE AND DEEPENED KNOWLEDGE OR SHOWS A NOTABLE CAPACITY OF THE SYSTEMATIC AND AXIAL COMPREHENSION OF THEORETICAL CONTENT; EXHIBITING A NOTABLE CAPACITY OF ORIENTATION COMPARED TO THE ADDRESSES OF DOCTRINE AND JURISPRUDENCE AND AWARENESS IN THE ANALYSIS OF THE JURISPRUDENTIAL SOLUTIONS. EXCELLENT ENGINEERING OF TECHNICAL LANGUAGE AND LEGAL ARGOMENTATION; EXHIBITION METHODOLOGICAL CONSCIOUSNESS.

LODE IS ATTRIBUTED WHEN THE CANDIDATE DEMONSTRATES THE PRAYER MASTERY OF THEORETICAL, OPERATIVE, SYSTEMATIC, METHODOLOGICAL CONTENT, AND EXHIBITION TO KNOW THE ARGUMENTS WITH REMARKABLE TECHNICAL AND TECHNICAL LANGUAGE PROPERTY MASTERY OF THE LEGAL ARGUMENTATION; EXHIBIT AUTONOMOUS PROCESSING CAPACITY ALSO IN CONTEXTS OTHER THAN THOSE PROPOSED BY THE TEACHERS.
Texts
1) P. STANZIONE - B. TROISI, PRINCIPI GENERALI DEL DIRITTO CIVILE, TORINO, 2011, PP. 1-40 E PP. 129-168, LIMITED TO INTRODUCTION, CHAPTER I AND CHAPTER VI;
2) A. CATAUDELLA, I CONTRATTI. PARTE GENERALE, TORINO, 2019;
3) V. ROPPO, IL CONTRATTO DEL DUEMILA, TORINO, 2020, PP. 1-177.


OR:

1) P. PERLINGIERI, IL DIRITTO DEI CONTRATTI FRA PERSONA E MERCATO. PROBLEMI DEL DIRITTO CIVILE, NAPOLI, 2003, PARTE PRIMA NN.1-2-7-14-15-16-17; PARTE SECONDA NN.19-25-26-27-28-29-30-31.

2) C.M. BIANCA, DIRITTO CIVILE. 3. IL CONTRATTO, TERZA EDIZIONE, MILANO, 2019

OR:

1) P. PERLINGIERI, IL DIRITTO CIVILE NELLA LEGALITÀ COSTITUZIONALE SECONDO IL SISTEMA ITALO-EUROPEO DELLE FONTI, IV EDIZIONE, NAPOLI, 2020, VOLUME II, FONTI E INTERPRETAZIONE, CAP. 1 (PAR. 6-20); CAP. 2 (PAR. 1-8; 21-22); CAP. 3 (PAR. 8-13; 17-18; 26-27; 29; 33-37; 40-41; 47); VOLUME IV, ATTIVITA' E RESPONSABILITA', CAP. 1 E 2.

2) F. GAZZONI, OBBLIGAZIONI E CONTRATTI, XIX ED., NAPOLI, 2019, SOLTANTO PARTE IX, PAG. 775- 1085.

OTHER ALTERNATIVE PROGRAMS MAY BE AGREED WITH THE TEACHERS.
More Information
FURTHER LEARNING MATERIAL WILL BE GIVEN BY THE LECTURERS DURING THE COURSE
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