PRIVATE LAW

Single discipline educational activity

Course Sheet

Course code:

A004815

Academic Year of enrolment:

2020/2021

Academic Year of provision:

2020/2021

Type of Course:

Basic

Degree:

Bachelor's Degree Programme in BUSINESS ADMINISTRATION

Location:

MANTOVA

Disciplinary Sector:

Private Law

Language:

Italian

Grouping type:

Credits:

Programme Year:

Professor and Collaborators:

INDOLFI MARIA Professor

Cycle:

Second four months

Hours of classroom activity:

Hours of individual study:

165

None

Educational Goals

The Course aims at providing students with basic institutional notions concerning private law, in the framework of a variety of sources of the law, with a specific view to subjects of the law, property and other rights on things, obligations, contracts, tort and the enforcement of rights.
The subject matter of the course is dealt with from the perspective of the sources of the law and the goal of highlighting relationships among the ever-changing landscape of practical situations, problems and cases stemming from business and economic evolution and the legal framework addressing their discipline.
Knowledge and understanding
Full knowledge and ability to understand the Italian legal system and the national and international sources of law in the field of private relationships, property rights, physical and legal persons, goods and properties, obligations, contract, tort and the enforcement of rights.
Applying knowledge and understanding
Ability to analyze and interpret, case analysis, legal qualification and classification of the relationship between external facts and circumstances and the legal system of the sources of the law, legal notions and current trends in the relevant case law.
Making judgements
Ability to analyze and critically review the relevant legal doctrines and case law in order to properly identify, address and solve problems arising from practice including, possibly, by way of proposing innovative solutions.
Communication skills
Ability to use a technical legal language in order to properly illustrate the logical and theoretical reasoning that lead to the solution of relevant problems.
Learning skills
Capability of updating and exploit the knowledge background acquired in the Course and to apply it for the purpose of analyzing new laws and legal texts, new case law, doctrine and jurisprudence in order to be capable of constantly update the basic knowledge of private law; such capability may be usefully employed both within the subsequent university studies (II level courses) and/or within future work opportunities.

Content

The Course addresses the main legal notions of private law. In the first part, the Course is aimed at illustrating and providing students with the basic introductory notions of private law, such as the notion of law and legal system, sources of private law, both domestic and international, differences between private and public law. Attention shall be paid to the study of the subjects of the law, individual rights, property and other rights on things, obligations, contracts, tort.
At the end of the Course students shall be expected to be able to properly manage the Italian Civil Code, having understood its structure and systemic interaction.
More in detail, the Course covers the following matters:
- categories and basic notions: legal rule (essentials), public and private law;
- notion of private law and its sources;
- subjects and individual rights;
- physical and legal persons;
- fundamental rights of individuals;
- things, property, rights on things;
- obligations;
- contract (both in general and with reference to single contracts);
- tort law;
judicial enforcement and protection of rights.

Extended Syllabus

The Course specifically addresses the following topics:
- legal system;
- private law and its sources;
- application of the law in time;
- application and interpretation of the law;
- conflicts of laws;
- status and capacity of subjects;
- subjects and juridical relationships;
- the object of juridical relationships;
- facts, acts and negotia;
- time limitation and forfeiture;
- judicial enforcement of rights;
- taking of evidence;
- property and other related rights: acquisition, title, transfer, possession, tenancy, communion, condominium, etc.;
- obligations: sources, contents, modifications of subjects, performance, extinction (other than by performance), breach, late payment;
- patrimonial liability of the debtor;
- means of protection and enforcement of patrimonial guarantees;
- the law of contracts, in general;
- single contracts;
- payment undertakings and other unilateral promises and promises to the public;
- obligations by law: unlawful enrichment, recovery;
- tort law;
- donation and gifts;
- cadastre and public land registry.

The following topics, in turn, are expressly EXCLUDED from the program and shall not be covered by the Course:
- securities;
- entrepreneurship and businesses;
- companies;
- employment relationships;
- bankruptcy procedures;
- family law;
- successions due to death.

Recommended Bibliography

In order to prepare the exam, students shall be requested to use the following texts:
- A. Torrente – P. Schlesinger, Manuale di diritto privato, 24. ed., Milano, Giuffrè, 2019, ISBN 9788828809791 (or, in any case, the latest release available at the time of enrollment with the Course). The following chapters are excluded: - securities; entrepreneurship and businesses; companies; employment relationships; bankruptcy procedures; family law; successions by reason of death;
or, alternatively
- P. Trimarchi, Istituzioni di diritto privato, Milano, Giuffrè, 2020, 23rd edition in course of publication. The following chapters are excluded: - securities; entrepreneurship and businesses; companies; employment relationships; bankruptcy procedures; family law; successions by reason of death.
ERASMUS students are recommended to study on the following text: P. Sirena, Introduction to private law, II ed., Bologna, Il Mulino, 2020, ISBN: 978-88-15-28501-0. The following chapters are excluded: - securities; entrepreneurship and businesses; companies; employment relationships; bankruptcy procedures; family law; successions by reason of death.
In order to prepare the exam, it is strictly forbidden to study on non-university books and texts.
In order to attend the Course and to prepare the exam, students are also requested to use the latest edition available of the Italian Civil Code, including attached legislation.

Methods of Provision

Conventional

Teaching Methods

The Course shall be articulated into class lesson.
Attendance to the Course from its very beginning until completion is highly recommended in order to provide students with ongoing assistance in the study of the Italian Civil Code and of the relevant texts, allowing participants to gain a better understanding of the basic categories and notions of private law. Such approach shall enable students not to limit to a mnemonic learning of the program but rather to develop their capability to appreciate connections and interactions among different legal notions

Assessment Methods

The final exam shall consist, both for attending and non-attending students, in an oral examination aimed at verifying the student’s overall degree of preparation in respect with topics dealt with during the Course.

Evaluation: the oral examination is aimed at verifying the degree of knowledge and understanding of the subject matter by the students; marks are expressed from 18/30 (eighteen out of thirty), (corresponding to the minimum positive evaluation), up to 30/30 (thirty out of thirty) cum laude, (expressing the maximum degree of knowledge of the contents of the Course, as well as accuracy in the language used and capacity to analyze and apply the contents of the Course in order to solve problems).
ERASMUS students shall be allowed to be examined in the English language.

Please kindly note that the examination session scheduled for Sept 2020 shall be arranged “in distance”, due to restrictions related to Covid19 sanitary emergency, as previously applied in the summer session.

Assessment:

Final Mark

Programme of Educational Activities

Start date of teaching period:

Monday, February 8, 2021

End date of teaching period:

Tuesday, May 18, 2021

Other Information

The class will make use of the Moodle platform, where the sentences mentioned in the lesson will be made available to the students, as well as any other supplementary material to support the teaching.

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Other Courses in the Curriculum

Course year: 1

Course year: 2

Course year: 3

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