Ateneo - UPO

The course aims at introducing students to the principles and basic concepts of Italian private law. It presents an institutional approach, so that it follows the organisation of contents provided by the majority of handbooks. Nevertheless it offers historical contextualisations and some focuses on contemporary issues as well. The whole course constitutes a base for learning subjects and topics belonging to the domain of private law. It also enables students to become familiar with the methodological tools that are necessary to analyse and solve private law issues.

The suggested handbook for preparing the exam is V. Roppo, Diritto privato, Giappichelli, last edition, and especially the followings parts:
part I (all);
part II (chap. 4, 5, 6, 7, 8; chap. 9 just sections 1-2-3-4-5-13-14);
part III (all);
part IV (chap. 14, 15, 16; chap. 18 just sections 1-2-3-4; 19; chap. 20 just sections 1-2-3-4; 21);
part V (chap. 22, 23, 24, 25, 26; chap. 27 just sections 1-2-3-4-5-6);
part VI (chap. 28, 29, 31, 32, 33, 34, 35, 36, 37);
part VII (chap. 38 just sections 1-2-3);
part VIII (all);
part IX (chap. 46);
part XI (chap. 58; chap. 60);
part XII (chap. 62 just sections 1-2-3-12-14-15; chap. 63 just sections 1-3-4-5-6-7-13-14; chap. 64 just sections 1-15-16-17-18)
part XIII (chap. 66; chap. 67 just sections 1-2-3; chap. 68 just sections 1-2-3-8; chap. 69 just sections 1-2-3-4-5-67-11-12; chap. 70).
Any other handbook available to the public in an updated edition can be used: in this case students should define further details with the teacher.
Knowledge of relevant normative sources is essential. In this respect the use of an updated edition of the Civil Code and the relevant laws is necessary aside the study of the handbook. The following publications are suggested:
Si consiglia uno dei seguenti codici:
A. Di Majo, Codice civile con la Costituzione, i Trattati UE e le principali norme complementari, Giuffrè Francis Lefebvre, last edition;
G. De Nova, Codice civile e leggi collegate, Zanichelli, last edition.
Students aiming at going into depth on the issues dealt with during the classes will be provided with further materials (sometimes in English).

The course is aimed at bringing students to learn the general notions of private law, as well as to reach both a historical and institutional contextualization of the subject and a good understanding of some major contemporary topics. At the end of the course, students will be familiar with the use of the Civil Code, having assimilated the structure and logic of its parts. They also will have a good knowledge of the main private law institutions (sources, persons, things and property law, obligations and contracts, liability, family and succession law) and to solve some essential practical questions.

None.

The course mostly consists of traditional face-to-face lectures. Active participation of the students is encouraged in order to develop a dialogic approach to the topics at issue. Part of the lectures can be devoted to reading and commenting case law.
Attendance is suggested but not mandatory. There is no distinction among students depending on attendance.

Meetings with students will be organised from time to time. Students are invited to send e-mails to rocco.albanese@uniupo.it.
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.

The exam presents a mixed organisation. Students firstly make a written test, consisting of both 8 multiple-choice questions and 2 problems requiring a brief open answer. During the written test the use of the civil code is forbidden. Students having obtained at least 18/30 (or a limited insufficiency, i.e. 17/30) can try to increase their grade with an oral interview in a future exam session. During this second part of the exam the use of the civil code is allowed.

1. Basic concepts: the law and the rules; the sources of private law; the Italian codification of 1942; the civil code and the Constitution; interpreting and applying the law.
2. Legal relations, legal entitlements, legal facts and acts.
3. Subjects of law. The natural person. Organisations and juridical persons (especially the third sector). Right of the personality.
4. Concepts of “thing” and “good”. The law of property: basic overview; possession; remedies. Property rights and credits.
5. The law of obligations: principles; sources of obligations; taxonomies; performance; nonperformance.
6. The law of contracts: the nature and definition of contract, freedom of contract and its limits, the binding force of contracts, the elements of a contract, contracts and third persons, agency, validity of contracts, termination, rescission, types of contract and non-standard contracts.
7. Other sources of the obligation.
8. Elements of consumer law and of private law of digital markets.
9. The law of torts.
10. Basic principles of family law.
11. Donation and basic principles of inheritance law.
12. The protection of legal entitlements: patrimonial responsibility of the debtor; rules of evidence; prescription and decay.
13. Gender dimension: understanding some major private law institutions (e.g. families law, law of the persons) from the standpoint of legal feminism.

The course is supposed to provide the following expected learning outcome:
understanding of the institutional role of private law within the whole legal experience;
knowledge of the civil code and of other sources of private law, mastery of a correct legal language;
understanding of the major categories and institutions of private law;
capability of critical legal reasoning and interpretation;
application of the obtained skills in solving basic practical cases.