Ateneo - UPO

The course is divided into two parts, designed to provide students with a comprehensive understanding of sustainability as applied to private law.
The first part of the program aims to introduce the fundamental concepts of private law - namely, the body of principles and rules that govern relationships between private parties, or between private parties and public entities iure privatorum. This foundation is essential for understanding the legal dynamics of sustainability, with specific reference to the field of Private Law.
The second part of the course is entirely devoted to examining the relationship between private law and sustainability. Its goal is to develop a solid critical framework for addressing current challenges related to the sustainable management of common resources, by analyzing the role of private law institutions - such as personhood, property, contract, and liability - in contexts of climate and environmental fragility or emergency.
The course will explore political and legal debates surrounding the future of essential resources, the scope of property rights, and the need to impose market limitations to safeguard fundamental rights and promote ecologically and socially sustainable development. Special attention will be devoted to contractual sustainability and to remedial mechanisms addressing situations of eco-social harm.

For the preparation of the topics covered in the first part of the program, it is recommended to consult:

- H. Dagan, Advanced Introduction to Private Law Theory (Edward Elgar, 2026);
- P. Sirena, Introduction to Private Law, 3rd edition, Il Mulino, 2021.

For the second part of the program, it is recommended to consult:
- B. Akkermans and G. van Dijck (Eds.), Sustainability and Private Law, Bram, Eleven International Publishing, 2020.

Lecture notes and supplementary materials based on texts from:
- S. Lanni, Greening the Civil Codes: Comparative Private Law and Environmental Protection, Routledge, 2023;
- Santos Silva et al., Routledge Handbook of Private Law and Sustainability, 1st edition, Routledge, 2024, will be made available on the DIR page of the course.

The course aims to provide students with a comprehensive understanding of the general principles of private law and to explore private law subjects from the perspective of sustainability.
By the end of the course, students will be able to analyze and discuss the main institutions of private law (personhood, property, ownership, contract, and liability), as well as address key environmental issues arising from the current global challenges.
The objective of the course is to enable students to reconstruct and critically assess the relationship between private law and eco-social sustainability within the framework of the renewed system of legal sources—both Italian and comparative—with particular attention to the most recent and significant developments in legal scholarship and case law.
Throughout the course, the use of interdisciplinary methodological tools will be encouraged to equip students with non-traditional instruments for understanding the socio-legal dynamics concerning the relationship between subjects, objects, and the environment in light of the principles of sustainability.

None

The course adopts a blended learning approach, combining synchronous online teaching (4 ECTS) with in-person sessions (2 ECTS).

The synchronous sessions primarily introduce the core theoretical and conceptual foundations of the course. They provide students with the fundamental principles and institutions of private law relevant to sustainability, together with the corresponding legal frameworks and interpretative approaches.

The in-person sessions are designed to deepen and critically apply the knowledge acquired through guided discussion of legislation, case law, and selected readings, supported by both individual and group work.

Particular attention will be devoted to examining the interpretative methods courts employ in applying the legal institutions covered by the course, as well as engaging with comparative perspectives drawn from ecological, economic, and anthropological scholarship.

Students will be actively involved in discussions and collaborative learning activities aimed at developing legal reasoning, critical argumentation, and a deeper understanding of the implications of sustainability for private law. Overall, the course combines theoretical rigor with active participation, fostering both a critical and practice-oriented understanding of the topics addressed.

Students are invited to visit the course's DIR page for further information about the supplementary material and the detailed program.
Students with physical disabilities, Learning Disabilities or Special Education Needs can request specific services and tools via the Staff Sviluppo e Coordinamento Carriere e Servizi alle Studentesse e agli Studenti, consulting the University webpage: https://www.uniupo.it/en/services/services-students-physical-or-learning-disabilities Students with disabilities, learning disabilities or special education needs, once they have contacted the University Staff, can refer to the tutor in charge of the course to define the examination modalities, concerning academic aspects.

The examination is oral and consists of a series of 4-5 questions aimed at verifying that the student, in addition to having learned the fundamental notions of the program and the necessary legal terminology, is able to interpret and relate the acquired notions to concrete problems. The overall assessment is expressed in thirtieths according to the following criteria:
Not Successful: important deficiencies and/or inaccuracies in the knowledge and understanding of the topics; limited ability to analyze and synthesize, frequent generalizations and limited critical and judgemental skills, the topics are set out inconsistently and with inappropriate language;
18-20: Barely sufficient knowledge and understanding of the topics with possible generalizations and imperfections; sufficient capacity for analysis, synthesis, and autonomy of judgment; topics are frequently exposed in an incoherent way and with inappropriate/technical language;
21-23: Routine knowledge and understanding of topics; ability to analyze and synthesize correctly with sufficiently coherent logical argumentation and appropriate/technical language;
24-26: Fair knowledge and understanding of the topics; Good analytical and synthetic skills with arguments expressed in a rigorous manner but with language that is not always appropriate/technical;
27-29: Comprehensive knowledge and understanding of the topics; considerable capacity for analysis and synthesis. Good autonomy of judgment. Arguments presented in a rigorous manner and with appropriate/technical language;
30-30L: Excellent level of knowledge and thorough understanding of topics. Excellent analytical and synthetic skills and independent judgment. Arguments expressed in an original manner and with appropriate technical language.

A multiple-choice preliminary screening test may be introduced if the number of students registered for a given examination session makes it necessary.

Part I – Foundations
1. Private Law and Sustainability: concepts and legal sources (general overview);
2. Legal Subjects, Legal Personhood, and Collective Entities: general principles;
3. Property Objects (Things and Assets): concept and classifications;
4. Property Law;
5. The Law of Obligations: basic concepts, contract law, and tort law.

Part II – Thematic Topics
1. Private Law and Sustainability: advanced perspectives;
2. Legal Personhood and Sustainability;
3. Property Law and Sustainability;
4. Contract Law and Sustainability;
5. Climate Litigation and Civil Liability.

By the end of the course, students will be able to:
● acquire mastery of legal language and its correct application;
● develop a solid understanding of the system of sources of private law, with particular reference to the perspective of sustainability;
● gain a conceptually rigorous understanding of the notion of sustainability in private law;
● understand and critically analyze the main institutions of private law (personhood, property, obligations, contract, and liability) in relation to the principles of sustainability;
● apply the knowledge acquired to the resolution of simple practical cases and legal-environmental questions;
● develop knowledge and use of interdisciplinary methodologies in the analysis of legal phenomena;
● demonstrate the ability to apply acquired knowledge and skills to issues of environmental private law, adopting a professional and informed approach;
● possess argumentative and problem-solving skills, useful for developing and supporting legal reasoning as well as addressing issues within their field of study;
● communicate information, ideas, problems, and solutions concerning environmental private law matters to both specialist and non-specialist audiences;
● develop the ability to collect, interpret, and evaluate data useful for forming independent judgments, including reflection on related social, scientific, and ethical issues.