PRIVATE LAW

Single discipline educational activity

Course Sheet

Course code:

00025L

Academic Year of enrolment:

2020

Year of supply:

2020/2021

Type of Course:

Basic

Degree:

Course of 1st Cycle Degree in ECONOMICS AND COMMERCE

Disciplinary Sector:

Private Law

Language:

Italian

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

CAROTA Lisia

Cycle:

First semester

Hours of classroom activity:

Individual study hours:

153

Prerequisites:

None

Objectives

The course, in order to ensure the legal skills of the private law necessary for understanding the dynamics of the economic-business system and markets – thus ensuring knowledge that can be used in managerial areas and intermediate consultancy or in the continuation of studies with the master’s degree - offers a framework of the fundamental notions of Private Law in regards to the constitutional principles, the Civil Code, the most important special laws, keeping into account the role of jurisprudence in interpreting rules and in creating law. At the end of the course, the student should be able to:
-have acquired in a critical manner the basic knowledge in the juridical private field in regards to the constitutional principles, the Civil Code, the most important special laws, keeping into account the role of jurisprudence in interpreting rules and in creating law;
- navigate the books of Civil Code, having acquired and understanding of the structure and logic of their sections;
-apply what has been learned in simple concrete cases, identifying with reference to a given affair the legal issues involved, the applicable rules and possible solutions, expressing coherently with the use of specific technical language.

Contents

The course illustrates the fundamental aspects of the method, language, concepts and institutes of private law in order to provide the basic skills to understand the economic-business dynamic from a juridical-privatistic point of view. To this end, the course explores private law’s fundamental institutes, specifically about the notions relevant to persons, property, legal obligations, contracts, family and successions. The completion of the course also provide students with a sound understanding of the institutes regulated by Civil Code’s book VI, including: public access to official records, the proofs, the prescription and limitation of actions. Particular attention is given to institutes with considerable economic interest.

Extended Syllabus

The Law, legal system, legal rule, legal relationship.
The sources of the Law and its interpretation.
Private Law in the constitution, reasons and notions of 1942’s Civil Code.
The subjects of Law: physical persons and legal persons (associations, foundations, committees); the legal condition of people.
The rights of personality.
The goods, the property and the other rights in rem.
Possession.
Obligations.
Fulfillment and non-performance. The
contract.
Validity and invalidity of the contract.
Efficacy and inefficacy of the contract. Agency.
The effects of the contract.
Discharge and rescission of a contract.
The criteria of the behaviour of the parties and of the interpretation of the contract.
Principal kinds of contracts. Particularly: sales contract, procurement, lease, rent, mandate, loan, loan for use.
Unilateral promises.
The undue payment.
Unjust enrichment.
Business management.
Unlawful acts.
The obligations and the of the debtor and the guarantees of the creditor.
The movement of credit and of the contract. Debt securities.
The judicial protection of rights. Transcriptions.
Proof.
Prescription and limitation periods.
Family.
Weddings. Marriage relations. Patrimonial relations in the family.
Civil union and cohabitation in fact.
The filiation.
The successions caused by death and donations.

Recommended Bibliography

F. Galgano, Diritto privato, Cedam, Padova, in the most recent edition, limited to the parts comprising the program;

thus, alternatively:
P. Rescigno, Manuale di Diritto privato, Kluwer Ipsoa, Milano, latest edition.
To prepare for the exam is indispensable to use Civil Code, which should also be constantly referred to during classes.

Methods of Provision

Conventional

Teaching Methods

In-person lessons
In-depth seminars on some specific themes can be organized

Evaluation methods

Verification of learning:

The examination will be in an oral format with an evaluation expressed in thirtieths.
The test, through questions related to the contents of the course, is aimed to ensure students acquire the knowledge of the fundamental notions of private law in relation to the constitutional principles, the Civil Code, the most important special laws, as well as the acquisition of a suitable scientific vocabulary; the examination also assesses that the student is able to express ideas and formulate solutions on specific issues and his ability to navigate through and use the books of the Civil Code.
The application for the examination will be available via information system Ateneo.

Contacts/More Information

Dissertation. The dissertation must be handed in to the Professor with ample time ahead of the deadline for its delivery to the secretary office.
Contacts.
Email: lcarota@unich.it
Day and time open to students:
Thursday 9:00am - 11:00am (during course periods, before or after the lesson taking place on Thursday).

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

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