INSTITUTIONS OF PRIVATE LAW
(objectives)
The course aims to provide a critical knowledge of the main issues and problems of private law in light of the recent reforms that have contributed to the ever-increasing proliferation of special legislation and the loss of centrality of the civil code. In this perspective, a particular look will be directed to European law, which has led to a radical renewal of the framework of sources by introducing in our system subsystems designed to support, and sometimes replace, domestic law. In this path, the teaching aims to provide 1) a thorough knowledge of the fundamental notions of private law in the Italian and European legislative framework; 2) the ability to contextualise, analyze and critically interpret sources of a different nature (European directives and regulations, our Constitutional Charter, the civil code, the principles of law enunciated by the jurisprudence of the European Court of Justice and the national court); 3) the lexical and conceptual tools necessary for the study of private law and useful for acquiring good exhibition skills in written and oral form. Expected learning outcomes: - Analysis and in-depth analysis of the main institutions of private law with particular reference to the system of sources, the criteria of interpretation, the right of persons and family, the law of succession, real rights, the regulation of obligations and contracts in general, to typical and atypical contracts and to the civil liability system. - Acquisition of technical language and a theoretical framework suitable for depicting and ordering the subject matter. - Ability to interpret the regulatory provisions in full autonomy and to frame the concrete cases, paying particular attention to the main jurisprudential orientations and to the broader European context. - Ability to identify possible solutions in case of conflict of subjective legal situations through a critical analysis of the main jurisprudential orientations and of the most consolidated doctrinal guidelines in the light of the changed economic, social and regulatory framework. - Ability to present the acquired knowledge in the field of private relations in a complete and critical way, using an appropriate technical language. Capacity for refutation and comparison. - Ability to apply and exploit the knowledge acquired during the course in the context of insolvency procedures, conference reports, seminars, professional interviews, masters.
|