Ateneo - UPO

The course aims to delve into the topic, according to the Italian legal system, of the unlimited liability of the debtor, personal sureties (such as surety bonds and guarantees), collateral securities (such as pledge and mortgage), and privileges. It combines a comprehensive examination of general and traditional aspects with an in-depth analysis of specific issues.

Attending students will be evaluated based on the following materials: C.M. Bianca, Diritto civile. 7. Le garanzie reali-la prescrizione, Giuffré, 2012, ISBN 9788814172083, limited to the following paragraphs 1-32; 90-171; 185-308 (included); F. Murino, Prime considerazioni sul c.d. pegno non possessorio, in BBTC, 2017, I, pp. 231-288 (downloadable within the course DIR platform under "Materials"); significant emphasis will be placed on additional materials provided in class, including slides and lecture notes specifically covering personal sureties (such as surety bonds and guarantees).
Non-attending students will be evaluated based on the following materials: C.M. Bianca, Diritto civile. 7. Le garanzie reali-la prescrizione, Giuffré, 2012, ISBN 9788814172083, limited to the following paragraphs 1-32; 90-171; 185-308 (included); F. Murino, Prime considerazioni sul c.d. pegno non possessorio, in BBTC, 2017, I, pp. 231-288 (downloadable within the course DIR platform under "Materials"); C.M. Bianca, Diritto civile. 5. La responsabilità. Giuffré 3a edizione, 2021, limited to the following paragraphs 175-218 (included).
For both attending and non-attending students, it is essential, in both lectures and individual study, to refer to the Italian Civil Code and fundamental supplementary laws, ensuring an update to at least the 2020 edition (commercially available collections include those edited by P. Perlingieri-M. Angelone, Codice civile, ESI; G. De Nova, Codice civile e leggi collegate, Zanichelli).

The course aims to enhance investigative and critical autonomy in relation to issues concerning the unlimited liability of the debtor, causes of preference and securities.
1. Knowledge and Understanding: The course aims to bring students to an appropriate level of understanding of the topics addressed in the course.
2. Application of Knowledge and Understanding: The course aims to enable students to apply the acquired knowledge, particularly relating to the specific caselaw analysed during the course.
3. Judgment Autonomy: Students will be able to develop a working knowledge to autonomously assess the use of different legal institutions in resolving a specific case.
5. Communicative Skills: The course also focuses on acquiring technical language.
6. Learning Ability: Students will learn to critically read the Italian caselaw in relation to the topics analysed during the course.

It is recommended that students are already familiar with the fundamentals of Private Law.

Face-to-face lectures, individual assignments, and group assignments.

Oral exam. For attending students, written assignments will be evaluated.

Unlimited liability of the debtor, limited liability of the debtor, causes of preference and securities. More specifically, personal sureties (such as surety bonds and guarantees), collateral securities (such as pledge and mortgage), non-possessory pledges and privileges.

Students must attain autonomy in managing cases related to unlimited liability of the debtor, personal sureties (such as surety bonds and guarantees), collateral securities (such as pledge and mortgage) and privileges.