Ateneo - UPO

The course aims to provide students with an advanced understanding of the core principles and topics of property law, enabling them to establish a solid foundation for addressing 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 posted on DIR’s site. Additionally, the course will feature outside faculty in a series of seminars focused on 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 to provide students with non-traditional resources for understanding socio-legal phenomena related to the human-thing relationship. A specific module will be devoted to the seminar activity on critical aspects of the law of property.

Private law

The course is organized around weekly reading assignments and class discussions rather than lectures. Attendance is recommended. The teaching method consists of lessons that explain the main concepts of the program. During the lessons, we will proceed through classroom discussions on issues and topics identified by students. The subjects will be addressed from a theoretical point of view, with references to the rules of interpretation expressed by courts in applying the law, as well as to comparative experiences in historical, economic, and anthropological perspectives. The seminar activity will consist of a discussion of fictitious cases or research work related to the program, organized by students in small groups. Active participation in lectures and seminars is considered an essential factor 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. 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/servicesstudents-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.

Written examinations will last approximately 1 hour and 15 minutes, aimed at verifying that the student understands the methodological tools that help provide original solutions to a wide range of civil law issues. During the lessons, the teacher reserves the right to administer one or more intermediate tests (theoretical or practical tests based on case law) to attending students.

1. The modern divergence between “subject” and “object” (object of law, generalities on things and assets); 2. The theoretical notion of things (the notion of heritage, assets, value in law and economics, the taxonomy of things in law); 3. Non-economic things (the human body, 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 of current phenomena. Learning about interdisciplinary methodology in the legal field.