Ateneo - UPO

The course aims to provide students with an advanced understanding of the core principles and topics of property law in order to achieve a solid base to deal with current issues related to the dialectical contrast between persons (subjects) and things (objects).

Besides, the course aims to provide students with an advanced understanding of the core principles and topics of the law of property in order to participate in political and legal debates about the destiny of things, the extent of property and the limitations of the market economy in areas relating to fundamental rights and personal development.

Simultaneously, seminar activities will take place on various topics related to the course. Attending students are required to participate actively in accordance with the schedule and instructions that will be posted on DIR’s site.

In addition, the course will involve outside faculty in a series of seminars related to the mythologies of civil law

R. Míguez Núñez, Le avventure del soggetto, Mimesis, Milano–Udine, 2018, pp. 15-24

R. Míguez Núñez, Né persone né cose: lineamenti decostruttivi per un rinnovamento concettuale della «summa divisio», in Rivista critica del diritto privato, 3, 2021, pp. 359-388

R. Míguez Núñez, Beni a valore non prettamente economico: rilievi privatistici per un diritto “relazionale”, in Rassegna di diritto civile, 2, 2023

A list of references and other course material for attending students will be provided in the first lesson.

A lecture notes book will be provided to non-attending students upon specific request to the professor.

The primary objective of this course is to make the student able to reconstruct the fundamental institutions of the law of property in the context of a renewed system of sources – both Italian and comparative - with particular attention to the most recent and significant jurisprudential developments. The training will stimulate the use of interdisciplinary methodological tools in order to furnish students with non-traditional resources to understand the socio-legal phenomena concerning the man-thing relationship.

A specific module will be devoted a the seminar activity on critical aspects of the law of property

- Private law

The course is organized around weekly reading assignments, class discussion rather than lectures. Attendance is recommended.

The teaching method consists of lessons devoted to explaining the main concepts of the program. During the lessons, we will proceed in classroom discussions on issues and topics identified with students. The subjects will be dealt from a theoretical point of view with references to the rules of interpretation expressed by the courts in applying the law, as well to the comparative experiences in historical, economic and anthropological perspectives.

The seminar activity will consist in the discussion of fictitious cases or research work related to the program by students organized in small groups.

Active participation in lectures and seminars are considered essential factors in assessing the students’ learning degree.

Students are invited to visit the course's Dir page for further information about the supplementary material and the detailed program

Oral examinations will last about 20 minutes, aimed at verifying that the student, understands the methodological tools which help to provide original solutions in a wide range of civil law issues.

During the lessons, the teacher reserves the right to carry out one or more intermediate tests (theoretical or practical tests based on case law) for attending students.

1. The modern divergence between “subject” and “object” (object of law, generalities on things and assets)

2. The theoretical notion of thing (and its taxonomy)

3. Non-economic things (the human body, kind of personal and psychological property).

In-depth learning of the notion of "object". Advanced competences of the theoretical-critical and comparative framework related to the "object-subject" division. Practical application of the theoretical notions for a complete reconstruction of the new kind of "object", with specific reference to not purely economic appropriation current phenomenon. Learning of interdisciplinary methodology in the legal field.