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 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.
KNOWLEDGE AND UNDERSTANDING:
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.
APPLYING KNOWLEDGE AND UNDERSTANDING:
CONTENT AND METHODOLOGY PROPOSED ARE USEFUL AND ADEQUATE TO EQUIP STUDENTS OF THE SKILLS REQUIRED TO MODERN JURIST: THE SKILLS REQUIRED TO MODERN JURISTS: INTERPRETATION, UNDERSTANDING AND EVALUATION OF THE OPERATIONAL PROBLEMS THAT OCCUR IN THE SOCIO-ECONOMIC FIELDS.
Prerequisites
PREREQUISITES: KNOWLEDGE OF PRIVATE LAW

RECOMMENDED A KNOWLEDGE BASED ON THE CONSTITUTIONAL NORMAL PLAN AND THE KNOWLEDGE OF ITALIAN WRITING AND ORAL
Contents
THE COURSE IS DEVOTED TO THE STUDY OF GENERAL CONTRACT LAW, IN COMPLEXITY AND UNITY OF LEGAL SYSTEM:

1.CONTRACT IN GENERAL:
CONTRACT AND JURISTIC ACT. THE SOURCES OF CONTRACT REGULATIONS. LA CAUSE. THE CONTRACT CONCLUSION (18 H).
THE GRADUAL CONSENT ACHIEVEMENT. THE CONTRACT REGULATION. THE FORM. THE ACCIDENTAL ELEMENTS. THE CONTRACT AND THIRD PARTIES. WILL DEFECTS (18 H) .
THE SIMULATION. THE INVALIDITY. THE RESCISSION. THE DISSOLUTION. THE TRANSFER OF THE CONTRACT. THE REPRESENTATION. THE CONTRACT FOR AN INDIVIDUAL TO BE APPOINTED. THE INTERPRETATION OF CONTRACTS (18 H).
2.GENERAL ASPECTS OF CIVIL LAW, DEFINITIONS AND CRITICAL ANALYSES.
METHODS AND SCHOOLS: THE RELATIONSHIP LAW-PRACTICE. COMPLEXITY AND UNITARY CHARACTER OF THE JURIDICAL SYSTEM IN FORCE. LEGISLATION TECHNIQUES, PRINCIPLE OF LEGALITY AND JURIDICAL NORMS. THE ITALIAN-EU SYSTEM OF SOURCES (18 H) .
THE PRINCIPLE OF AUTONOMY WITHIN THE VARIETY AND HIERARCHICAL ORGANIZATION OF SOURCES AND VALUES. THE INDIVIDUAL AND SOCIAL ENTITIES. PRINCIPLES OF SOLIDARITY AND EQUALITY. MARKET: SOLIDARITY AND HUMAN RIGHTS. CIVIL CONSTITUTIONAL LAW (18 H).
LAW INTERPRETATION AND ITS RULES. THE JURIDICALLY RELEVANT FACT AND ITS QUALIFICATION. SUBJECTIVE JURIDICAL SITUATIONS AND THEIR LEGAL ENTITY. JURIDICAL RELATIONSHIPS AND THEIR EVENTS. SUBJECTIVE PATRIMONY SITUATIONS (18 H) .
Teaching Methods
THE COURSE LASTS 108 HOURS (12 CFUS) AND IS DIVIDED INTO:

LECTURES ABOUT ALL THE COURSE TOPICS;
DISCUSSION ON CASE LAW;
SEMINARS ALSO HELD BY LECTURERS FROM FOREIGN UNIVERSITIES AND PRACTITIONERS,ESPECIALLY WITH REGARD TO CONTRACTUAL DRAFTING TECHNIQUES;
EXERCISES.
Verification of learning
ORAL FINAL EXAMINATION, WITH THREE-MONTHLY ASSESSMENT, THEORETICAL AND METHODOLOGICAL CONTENTS
INDICATED IN THE PROGRAM OF LEARNING.


DISCUSSION, LESS THAN 40 MINUTES, AIMED TO ASCERTAIN THE STUDENTS’:
- DEEP KNOWLEDGE OF PHENOMENON OF CONTRACT;
- SYSTEMATIC AND AXIOLOGICAL SKILL TO THE STUDY OF NORMS AND INSTITUTIONS;
- UNDERSTAND THE DIFFERENT CULTURAL ORIENTATIONS IN THE NATIONAL AND EUROPEAN CONTEXT AND CRITICALLY EVALUATE THE VIEWS EXPRESSED ON THE DIFFERENT ISSUES;
- SKILL TO ANALYZE THE CASE-LAW EVEN TAKING INTO ACCOUNT THE DIALOGUE BETWEEN THE COURTS;
- USE OF THE TECHNICAL AND LEGAL LANGUAGE AND THE AWARENESS OF THE METHODOLOGY OF LEGAL REASONING;
- METHOD.
THE EXAMINATION IS EXCEEDED WHEN THE VOTE FOR EACH OF THE TWO PHASES IS SAME OR MORE THAN 18/30 AND THE TOTAL IS GREATER OR MORE THAN 18/30.

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 TEACHER.


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

2) F. GAZZONI, OBBLIGAZIONI E CONTRATTI, XIX ED., NAPLES, 2019, ONLY PART IX, PAG. 775- 1085.



(B)
1) P. PERLINGIERI, IL DIRITTO DEI CONTRATTI FRA PERSONA E MERCATO. PROBLEMI DEL DIRITTO CIVILE, NAPLES, 2003:
ONLY FIRST PART, NN.1-2-7-14-15-16-17; SECOND PART NN.19-25-26-27-28-29-30-31.

2) C.M. BIANCA, DIRITTO CIVILE. 3. IL CONTRATTO, THIRD EDITION, MILAN, 2019


(C)
1) P. PERLINGIERI – P. FEMIA, NOZIONI INTRODUTTIVE E PRINCIPI FONDAMENTALI DEL DIRITTO CIVILE, NAPLES, 2004

2) C.M. BIANCA, DIRITTO CIVILE. 3. IL CONTRATTO, THIRD EDITION, MILAN, 2019
More Information
THE COURSE IS DESIGNED FOR STUDENTS ATTENDING REGULARITIES. STUDENTS WHO CANNOT ATTEND CAN ALWAYS RESERVE THE TEACHER FOR ADDITIONAL EXPLANATIONS. THE LANGUAGE OF TEACHING IS ITALIAN


LECTURES WILL BE DISTRIBUTED TO FREQUENCY STUDENTS ADDITIONALS MATERIAL -JUDGMENTS , SLIDES , CONTRACTUAL MODELS - WHICH MAY BE BE SUBJECT TO THE FINAL EXAMINATION IN ALTERNATIVE TO A PART OF THE TEACHING PROGRAM.
THE OBJECT


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