Università Roma Tre

Purpose of the course and articulation of the program
The course proposes the study of the private law of the public administration, offering a general framework of the administrative activity with particular reference to the obligations arising from the Public Administration, identifying the scope where it acts according to private law schemes, subject to the relative discipline, and also highlighting the particular profiles related to its nature.
The necessary premise consists of the distinction between public law and private law as well as between public entities, in charge of the administrative function (and summarized as public administrations), which act for general interest purposes, and private subjects, which pursue viceversa interests details.
The investigation, in its general part, has as its object the activity of common law of the Public Administration, analyzing institutions and relationships in which the public administrations operate as subjects of common law: from private organizational forms, to the ownership of dominical rights, to the stipulation, instead of issuing administrative measures, negotiation with private parties, and finally civil liability for the injury of subjective legal situations pertaining to individuals.

1) V. Cerulli Irelli, Amministrazione pubblica e diritto privato, Giappichelli, Torino, 2011 (escluso il cap. 5)
2) G. Corso – G. Fares, La responsabilità della Pubblica amministrazione, Giappichelli, Torino, 2009