The course is designed to offer a comprehensive introduction to the fundamentals of Italian private law.
After a brief discussion of the main legal principles and the relevant sources of law, the course deals with several issues related to the law of property, torts, contracts.
One of the following books:
P.PERLINGIERI, Manuale di diritto civile, Esi, 2014, parti I, II, III,IV (except parte C: singoli contratti), V, , IX; E. ROPPO, Diritto Privato, Torino, Giappichelli, 2013 (except capitoli VII "I contratti"; XI, 59 "Attività d'impresa regolate"; XII "La famiglia", XIII "Successioni e donazioni"); CALVO- CIATTI, Diritto privato, Zanichelli, 2013 (except capitoli VII "I singoli contratti", X "La famiglia", XI "Le donazioni", XII, Le successioni a causa di morte).
Students should by a civil code. I suggest the civil code edited by A. Di Majo, Giuffré last edition.
Learning Objectives
The course is designed to offer a comprehensive introduction to the fundamentals of Italian private law.
Prerequisites
capacity to read Italian complex books.
Teaching Methods
Frontal lessons
Type of Assessment
Oral exams.
Course program
General introduction: the notions of "legal rule" and "legal system " - a comparative approach to legal systems: common law, civil law and beyond - the sources of law within the Italian legal system - the Constitution - EU and EC Treaties - Community legislation - the Civil Code - statutes and regulations - the role of courts and legal scholars.
Natural persons and legal entities -rights and remedies - the enforcement of rights and other protected interests in court - the procedural perspective - limitation of action.
Topics in the law of property: ownership and possession - basic elements.
Topics in the law of obligations: sources - performance - default - excuses - liability - remedies.
Topics in the law of contracts: enforceability of promises- the notion of agreement -nominate and innominate contracts - requisites of the contract - contract formation: offer and acceptance -pre-contractual duty to inform- liability for breaking off negotiations - contract interpretation (construction) - default rules and mandatory rules - invalidity - performance -breach- excuses - termination - remedies - the Principles of European Contract Law (PECL).
Topics in the law of torts: a comparative overview of different approaches to the law of torts in Europe - the general provision of article 2043 c.c. - strict liability vs. negligence - wrongfulness - causation - compensation - damages - joint and several liability - vicarious liability - environmental liability - products liability.