Ateneo - UPO

The course is about the institutional foundations of Italian private law,
taking into account the interventions of the European Law maker in the
national legal system.

Given that, for the purposes of adequate preparation, the notes taken in
class are in no way substituting the study of a university book of private
law, we recommend the following texts:
a) The latest edition to the choice of the Italian Civil Code and the Code of
consumption.
Modalità di verifica
dell'apprendimento
b) A. TORRENT and P. SCHLESINGER, Manuale di diritto privato, Giuffrè,
latest edition. The book is available in the library
c) Text of exercises (optional): P. CENDON, L. GAUDINO, P. ZIVIZ, How to
deal with and pass the exam of private law, Giuffrè, latest edition. The
book is available in the library

the aim of the course is to provide students with adequate preparation in
the basic legal private-sector and the conceptual tools necessary to
interpret the law.

Lectures, analysis of case law and exercises of cases.

The attendance is optional

The exam is in written form and consists of 5 open questions of and a short practical case to solve. The candidate who has
passed the written exam, can choose to undergo an optional oral exam; The vote
obtained in the oral exam will average with that obtained in the written exam.
The students who attend the lectures of avv. Fabiani will be able to undergo a short written test at the end of the module, the result of which (score from 0 to 3) will be added to the vote obtained at the general exam (provided that the latter is sufficient)

The law and the legal system. Public law and private law. The sources and formants of law. The civil code. The time limits of the laws. The application and interpretation of the law. The analogy. Entitlement of legal rights and legal interests. Publicity and proof of legal facts. Time limits and foreclosure of rights. Natural persons and legal persons. Personal rights. The object of the legal rights (the goods). Property law. Communion. The possession The obligation. Modification of the parties of the obligation Extinctions of obligation. Failure to comply the obligation. The liability of the debtor. The legal instruments of conservation of the patrimonial guarantee. Real and personal guarantees. Contracts: the contract in general, essential and accessory elements. Formation of the contract. The negotiations. precontractual liability. The preliminary contract. Standard contracts and abusive clauses. The consumer code. The contrast between will and declaration: the simulation. The agency. Invalidities of contracts (nullity and voidability). Termination and rescission. The contract of sale, of agency, of lease, of mortgage and sureties. The donation. The tort law (non contractual liability for fault and strict). The other sources of obligations (The obligations arising from the law, the unilateral promises, credit instruments). In the second semester, the lawyer Marzia Fabiani will hold a teaching module of 1 CFU on family law.