Civil law

Federica LAZZARELLI Civil law

0160100010
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2021/2022

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


Objectives
EDUCATIONAL GOALS:
-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: THE SKILLS REQUIRED TO MODERN JURISTS: INTERPRETATION, UNDERSTANDING AND EVALUATION OF THE OPERATIONAL PROBLEMS THAT OCCUR IN THE SOCIO-ECONOMIC FIELDS.
Prerequisites
- PREREQUISITES: WE RECOMMEND BASIC KNOWLEDGE OF THE CONSTITUTIONAL NORMATIVE FRAMEWORK AND SUITABLE KNOWLEDGE OF ORAL AND WRITTEN ITALIAN.
Contents
1.LEGAL SOURCES AND INTERPRETATION:
-COMPLEXITY, DYNAMISM AND UNITARITY OF NORMATIVE SYSTEM (18 H)
-CONSTITUTIONAL LEGALITY (18 H)
-LEGAL INTERPRETATION AND ITS CANONS (18 H)

2.CONTRACTUAL AND NEGOTIATION ACTIVITIES:
-ACT OF AUTONOMY AND ITS INTEGRATION; SOURCES OF THE CONTRACTUAL DISPOSITION (18H)
-CONTROL AND CONFORMATION OF THE ACT OF AUTONOMY; PATHOLOGY AND THE REMEDIES IN CONTRACT (18 H)
-MARKETS AND CONTRACTUAL REGULATION (18H)
Teaching Methods
THE COURSE CONSISTS OF LESSONS AMOUNTING TO A TOTAL OF 108 HOURS. THE OFFICIAL COURSE IS SUPPLEMENTED WITH SEMINARS ON ALL SUBJECTS OF THE COURSE AND DISCUSSION ON CASE LAW.
Verification of learning
ORAL FINAL EXAMINATION OF AT LEAST 40 MINUTES, WITH EVALUATION OF TIRTHY/30.

ASSESSMENT CRITERIA SHALL BE:
1) ABILITY OF CRITICAL ANALYSIS AND ABILITY OF ELABORATION OF THE ADDRESSED TOPICS;
2) ABILITY OF CLEAR EXPRESSION USING AN APPROPRIATE LANGUAGE;
3) ABILITY OF THE SYSTEMATIC AND ASSIOLOGICAL COMPREHENSION OF RULES, PRINCIPLES AND LEGAL INSTITUTIONS;
4) ABILITY TO DEVELOP A REFLECTION WITH APPROPRIATE METHODOLOGY.

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. PERLINGIERI, IL DIRITTO CIVILE NELLA LEGALITÀ COSTITUZIONALE SECONDO IL SISTEMA ITALO-EUROPEO DELLE FONTI, IV ED., ESI, NAPOLI, 2020, VOLUME II, FONTI E INTERPRETAZIONE, IN FULL.
2)P. PERLINGIERI, IL DIRITTO CIVILE NELLA LEGALITÀ COSTITUZIONALE SECONDO IL SISTEMA ITALO-EUROPEO DELLE FONTI, IV ED., ESI, NAPOLI, 2020, VOLUME IV, ATTIVITÀ E RESPONSABILITÀ, ONLY CHAPTERS 1 AND 2.

ALTERNATIVE PROGRAMS
1)P. PERLINGIERI, IL DIRITTO CIVILE NELLA LEGALITÀ COSTITUZIONALE SECONDO IL SISTEMA ITALO-EUROPEO DELLE FONTI, IV ED., ESI, NAPOLI, 2020, II, FONTI E INTERPRETAZIONE, IN FULL.

2)F. GAZZONI, OBBLIGAZIONI E CONTRATTI – ONLY PART IX: “IL CONTRATTO IN GENERALE” –, LAST ED., ESI, NAPOLI.
More Information
DURING THE COURSE, ADDITIONAL EDUCATIONAL MATERIAL WILL BE DISTRIBUTED TO FREQUENCY STUDENTS.
IT IS ESSENTIAL TO CONSULT THE CIVIL CODE, IN AN UPDATED EDITION, INCLUDING THE CONSTITUTION, THE UE TREATIES AND THE MOST IMPORTANT COMPLEMENTARY LAWS. WE RECOMMEND G. PERLINGIERI-M. ANGELONE, CODICE CIVILE, ESI, NAPOLI, 2021.
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