INSTITUTIONS OF PRIVATE LAW
(objectives)
Within the framework of humanities and law’s general theory, the Private Law has covered and keep covering a role which goes beyond the mere learning of technical knowledge relating the civil law currently in force. During the analysis of the matter, a set of terms, definitions and methods relating all aspects of law is provided, which does not refer only to areas traditionally related to Private Law. The analysis of material elements of Private Law is aimed at introducing the student to technical notions, in order to provide tools which may also be used in other areas of social experiences. The course will be divided in three modules. During the first and second module, the fundamental elements relating obligations will be analyzed together with elements relating the law’s general theory. The third module will be focused on contractual’s system.
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Code
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21801003 |
Language
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ITA |
Type of certificate
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Profit certificate
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Credits
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8
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Scientific Disciplinary Sector Code
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IUS/01
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Contact Hours
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64
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Type of Activity
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Core compulsory activities
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Group: AL
Derived from
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21801003 INSTITUTIONS OF PRIVATE LAW in Political science L-36 AL AGOSTINELLI BENEDETTA
(syllabus)
The program focuses on the main institutions and topics of private law: introduction to private law, private autonomy, the person, family law, inheritances and donations, entities, protected interests, tort law and liability, contracts
(reference books)
E. del Prato, Le basi del diritto civile, ultima edizione, Giappichelli, Torino.
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Dates of beginning and end of teaching activities
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From to |
Delivery mode
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Traditional
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Attendance
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not mandatory
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Evaluation methods
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Oral exam
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Group: MZ
Derived from
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21801003 INSTITUTIONS OF PRIVATE LAW in Political science L-36 MZ SPADAFORA ANTONIO
(syllabus)
First unit: General theory
Sources of private law. Effectiveness of law in time and space. Law interpretation. Legal analogy. Legal subjectivity. Capacity. Classification of subjective legal situations. Acquisition and extinction of sujective legal situations. Notes on the protection of subjective rights. Legal protection of factual situations. Legal entities.
Second unit: Obligations
The notion of obligation. The system of obligation's sources. The typical obligations. Subjective active and passive modifications. Fulfillment of the obligations. Methods for extinguishing obligations other than fulfillment. Liability due to defalt. The asset guarantee and the means for retaining the same. Tort liability and liability due to illicit behaviour.
Third unit: The contract
The notion of the parties' freedom to negotiate. Negotiating and non-negotiating acts. Typical or non-typical nature of negotiating process. The notion of contract. Contracts concluded by mutual agreement and contracts requiring the delivery of parties' subject matter. The essential elements. Ancillary elements. Direct and indirect representation. Interpretation of the contract. Invalidity of negotiations. Cancellation. Termination. Simulation. Consumer protection. Notes on the most important typical contracts (The sale and purchase. The mandate. The procurement. The carriage. The granting of usage. The loan. The donation).
(reference books)
For the purpose of preparation can be used any handbook in commerce. It is essential the consultation of Civil Code. As a special part of the program, must be studied "Le pretese tutelabili attraverso l'azione di classe" (CEDAM, 2012), only for the first chapter.
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Dates of beginning and end of teaching activities
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From to |
Delivery mode
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Traditional
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Attendance
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not mandatory
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Evaluation methods
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Oral exam
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