Private Law

A.Y. 2024/2025
6
Max ECTS
40
Overall hours
SSD
IUS/01
Language
Italian
Learning objectives
The course will focus on the systematic study, with an appropriate methodological approach, of private law, its general principles and fundamental institutions.
The course - through the institutional study of Italian private law, as regulated in the Civil Code and in the most important special laws complementary to it - aims to make the private law institutes known and, above all, to allow the student to know the method through which to address any civil law problem.
The course provides basic knowledge for the study of legal subjects, such as commercial law, labor law, contract law and European Union law.
Expected learning outcomes
At the end of the course the student will have acquired an appropriate legal language and a good understanding of the legal lexicon.
The student will also have acquired the basic theoretical notions of the legal institutions covered by the course and will be able to solve elementary practical questions, using the legal method.
Single course

This course can be attended as a single course.

Course syllabus and organization

Single session

Responsible
Lesson period
Second trimester
Course syllabus
Private law; sources of law; people; property and real rights; real rights and credit rights; property; minor real rights; possession; actions to protect property and possession; obligation; fulfillment and non-fulfillment; the contract; validity and invalidity of the contract; effectiveness of the contract; representation; effects of the contract; resolution and rescission of the contract; criteria for the behavior of the contractors and interpretation of the contract; unlawful acts; other acts or facts that give rise to obligations; liability of the debtor and guarantee of the creditor; circulation and other events of credit and the contract; protection of the consumer and the weak contractor. For a greater degree of detail, please also refer to the plan of the topics covered in class that will be published on MyAriel.

The program includes all the aspects indicated above even if they are not explained during the lessons.
Prerequisites for admission
There are no prerequisites required, other than a good knowledge and command of the Italian language.
Teaching methods
The course is structured in lectures. During the lectures the professor presents the topics covered in the program with the help of slides, which are made available to students on the MyAriel website dedicated to the subject.
Teaching Resources
Textbook: E. Gabrielli (ed.), Lineamenti di Diritto Privato, Extract from Diritto Privato, Giappichelli, latest available edition
Limited to the chapters listed below (which will be confirmed once the new edition is available):

Chapter II,
Chapter III,
Chapter V (Section I and Section II),
from Chapter VIII to Chapter XVIII,
from Chapter XX to Chapter XXV,
Chapter XLII,
Chapter XLIII.

Other Private Law manuals can also be evaluated individually: in this case, it is recommended to proceed with the purchase after the first lesson of the course in which the suggested use of the reference material will also be explained.

To facilitate the study of the subject, in addition to the manual, it is highly recommended to consult the civil code. The civil code provides an effective summary of the topics and will be helpful both for lectures and for individual study. There are countless economic editions of the regulatory text available: choose the one you prefer. Even older editions that you may already own are fine.
Assessment methods and Criteria
FOR ATTENDING STUDENTS:

Attending students will have the option of taking an optional written test that will take place once they have completed approximately 2/3 of the course lessons, on a date that will be communicated during the first weeks of class. The test will cover the entire program indicated on this page that has been explained in class up to the lesson immediately preceding the date of the written test and consists of one/two open-ended questions and some multiple-choice questions. Students will have a space for the answer defined by the teacher for each question. Students will thus have to demonstrate that they are able to understand the question and to articulate the answer in a complete and clear way by providing information compatible with the space that the teacher has predetermined for the answer. To take the written test, it is not necessary to register and it is therefore sufficient to show up on the indicated day with your identity card. The written test is aimed at verifying the achievement of the objectives in terms of knowledge and comprehension skills; to ascertain specific language and the ability to present the topics in a clear and orderly manner.

The written test will give a grade out of thirtieths. This evaluation will then be averaged with the grade obtained in the oral exam on the remaining part of the program. Since the written test focuses on a larger portion of the program, the average between the written test and the oral test is weighted and the grade for the written test takes on more weight in the evaluation. The oral exam therefore does not necessarily determine an increase in score, but a grade out of thirtieths on which to calculate the weighted average with that received in the written test.

For attending students who have taken and passed the written test, the oral test - to be taken in one of the scheduled exam sessions - will consist of a question covering the topics of the residual lessons and those following the date of the written test or in any case of the residual program indicated in this guide. For students who have not taken and/or passed the written test, the oral test will consist of three/four questions covering the entire program indicated in this guide.
The oral interview will be aimed at verifying the knowledge acquired by the student and his/her ability to understand the problems. The interview will also aim to verify the student's ability to apply the knowledge acquired to the solution of practical problems that may arise in his/her future working life. The interview will also verify the ability to formulate independent judgments and the ability to communicate the acquired notions with appropriate terminology and logical rigor.

To take the oral exam, it is essential to be regularly registered and students who are not regularly included in the list of registered students provided by the SIFA service will not be allowed to take the exam. It is therefore advisable to verify that the registration carried out with electronic tools has been regularly registered.

ATTENDANCE WILL BE CHECKED ON A RANDOM BASIS DURING THE LESSONS.

THE RESULT AND THE MARK OF THE WRITTEN EXAM ARE VALID FOR ALL THE EXAM SESSIONS OF THE YEAR. IT WILL THEREFORE BE POSSIBLE TO TAKE THE SECOND PART OF THE EXAM IN ANY EXAM SESSION OF THE YEAR AND NOT NECESSARILY IN THE FIRST.

IN CASE OF DISSATISFACTION / FAILURE TO PASS THE WRITTEN EXAM, EVEN THOSE ATTENDING THE COURSE WILL BE ABLE TO TAKE THE FULL ORAL EXAM.

FOR NON-ATTENDING STUDENTS:

The exam consists of an oral test on the program indicated in this guide. The oral interview will be aimed at verifying the knowledge acquired by the student and his/her ability to understand problems. The interview will also tend to verify the student's ability to apply the knowledge acquired to the solution of practical problems that could arise in his/her future working life. The interview will also verify the ability to formulate independent judgments and the ability to communicate the acquired notions with appropriate terminology and with logical rigor. To take the oral exam it is essential to be regularly registered and students who are not regularly included in the list of registered students provided by the SIFA service will not be allowed to take the exam. It is therefore advisable to verify that the registration carried out with electronic tools has been regularly registered. The oral exam covers all the topics covered in the program. It is necessary to study the textbook limited to the chapters in the program. It is also suggested (as optional, if helpful) to refer to the slides used as a teaching tool in class.

PLEASE NOTE: both the written test (for attending students) and the oral tests (for attending and non-attending students) are designed to verify that the student has acquired a solid foundation of knowledge, but also good presentation and reasoning skills.
IUS/01 - PRIVATE LAW - University credits: 6
Lessons: 40 hours
Professor: Pellegatta Stefano
Professor(s)