Università Roma Tre

The program focuses on the main institutions and topics of private law, after an useful introduction: private autonomy (contract law; will); the person, family law, entities, protected interests (property law; tort law and some contracts)

E. del Prato, Le basi del diritto civile, ultima edizione, Giappichelli editore.

An updated civil code is essential for the study of the subject.

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).

Francesco Macario, Introduzione al diritto privato, Il Mulino, 2021.
Italian civil code.