54
Private Law
REGGIO DI CALABRIA
Overview
Date/time interval
Syllabus
Course Objectives
The course is aimed at enabling students to acquire the general foundations of private law, together with the mastery of an appropriate technical-legal language. The "institutional" part will concern, in particular, family law, inheritance law, property and real rights.
Keeping in mind the so-called descriptors of Dublin, the course is aimed at acquiring knowledge and understanding of the general categories and fundamental institutions of private law (with reference to the sectors indicated in the subject program), the ability to apply this knowledge and the acquisition of transversal skills in order to guarantee the usability of the law degree diploma in different professional contexts. The lessons will also be aimed at stimulating the acquisition of communication skills and independent judgment in resolving the legal issues examined.
Course Prerequisites
A minimum knowledge of legal language is required.
Teaching Methods
Lectures - exercises - seminars with subject matter experts, to ensure personal and practical elaboration of the legal notions acquired
Assessment Methods
Oral exam
An intermediate, oral and optional test is planned for attending students
Evaluation criteria:
30 cum laude: complete, in-depth and critical knowledge of the topics, excellent language skills, complete and original interpretative skills, full ability to independently apply knowledge to solve the proposed problems;
28 - 30: complete and in-depth knowledge of the topics, excellent language properties, complete and effective interpretative skills, able to independently apply the knowledge to solve the proposed problems;
24 - 27: knowledge of the topics with a good degree of command, good language skills, correct and safe interpretative skills, good ability to correctly apply most of the knowledge to solve the proposed problems;
20 - 23: adequate knowledge of the topics but limited mastery of the same, satisfactory language skills, correct interpretative ability, more than sufficient ability to autonomously apply the knowledge to solve the proposed problems;
18 - 19: basic knowledge of the main topics, basic knowledge of technical language, sufficient interpretative ability, sufficient ability to apply the basic knowledge acquired;
Insufficient: does not have an acceptable knowledge of the topics covered during the course
Texts
SUGGESTED TEXT (left to the student's choice), in the sections corresponding to the topics indicated as "contents":
TORRENTE - SCHLESINGER- ANELLI, Manuale di diritto privato, Milano, Giuffré, latest edition.
GABRIELLI (a cura di), Diritto Privato, Giappichelli, Torino, latest edition
PERLINGIERI, Manuale di diritto civile, Napoli, ESI, latest edition
TRABUCCHI, Istituzioni di diritto civile, Padova, Cedam, latest edition
Recommended readings, especially for non-attending students:
A. FALZEA, Capacità, Efficacia giuridica, Fatto giuridico, Manifestazione, entries extracted from the Encyclopedia of law, Milano, Giuffrè, 1999:
- Capacità: from par. 2 to par. 5 and par. 12 ( from page 10 to page 25 and from page 43 to page 46);
- Efficacia giuridica: from par. 31 to par. 41 and from par. 47 to par. 57 ( from page 470 to page 483 and from page 488 to page 509);
- Fatto giuridico: par.1 and from par. 6 to par. 8 ( from page 941 to page 944 and from page 948 to page 950).
G. D’AMICO, Principi costituzionali e clausole generali : problemi (e limiti) nella loro applicazione nel diritto privato, in Aa.Vv., Principi e clausole generali nell’evoluzione dell’ordinamento giuridico, edited by G.D’Amico, Milano, Giuffré, 2017, pages 49-93.
THE STUDY OF THE MANUAL MUST BE ACCOMPANIED BY THE USE OF A CIVIL CODE UPDATED WITH THE LATEST LEGISLATIVE NEWS.
Contents
Contents
Private law in general
The legal phenomenon. Private law in the general system of the legal system.
The legal rule. The sources of law. The interpretation of regulatory texts. The analogy. The effectiveness of the law in time and space.
Legal situations. Concept of legal situation and classification of legal situations. Subjective right, expectation, status, duty, obligation, subjection, burden. Prescription and forfeiture. Legal transformations and the various types of effectiveness: innovative, declarative and preclusive effectiveness.
Subjects and people's rights
The legal entity. Legal capacity and ability to act; legitimation to receive e
legitimacy to act. The natural person. Personality rights. Legal entities. Unrecognized associations. The committees.
The object and the legal facts
The legal object. Things and goods in the legal sense. The heritage. Categories of goods. Public goods. Patrimonial universality. Appurtenances. Fruits.
The legal facts. Behaviour: concept and distinctions . Proof of legal facts.
The influence of time on legal events. Prescription and forfeiture
Family law. - Legitimate family and de facto family. Civil marriage and concordat marriage. Invalidity of marriage. Simulated marriage. Putative marriage. Rights and duties arising from marriage. Personal relationships between spouses. Family property regimes. Conjugal business and family business. Personal separation. The dissolution of marriage. Filiation and authority. Adoption and fostering of minors.
Successions - Succession phenomenon, denunciation, hereditary vocation. Ability to happen. Acceptance and renunciation of inheritance. Representation, increase, hereditary separation, inheritance petition. Laid inheritance. Necessary succession. Legitimate succession. Testamentary succession. The hereditary division. The collation. Donations.
Property and real rights. - Property: content and limits. Plurality of statutes and minimum content. Building ownership and urban planning regulations. The expropriation. Agricultural property. Ways of purchasing property and defense actions. Real rights of enjoyment over another's property. Communion. Condominium buildings. Timeshare. Possession and detention. Effects of possession. Actions to protect possession.
More information
Working students or students who have been out of course for more than three years will be able to take the exam in two parts, corresponding to the following contents:
Part I: Private law in general - Subjects and the law of persons- The object and the legal facts - Property and real rights
Part II: Family law – Inheritance law