A83702 Private and Public Law

Scuola di Economia e Management
Syllabus
Academic Year 2018/19 Annual

Learning Objectives

The Private Law course  aims at allowing  students to get familiar with the main principles of the Italian Private law, based on rules and principles mainly contained in the Italian Civil Code. At the end of the class students which have shown intellectual curiosity and commitment will be put in the conditions to handle the main legal tools useful for their career.

The course will be mainly dealing with those legal aspects which effect directly and indirectly the course of business of enterprises both physical and such as  legal entities. To the extent it is possible the course will not interfere with Commercial. Needless to it is a preparation to better apprehend Commercial and Company Law.

Students will be encouraged to discuss and learn in a very interactive way how principles and rules contained in the Civil Code have evolved through case laws to respond to the challenging  changes of global economic.

The Study of Contract law and generally the process of negotiations and interpretation of contracts related to the on-going  business will play a central role. 

The Public Law course aims at providing an overview of the main principles of Italian constitutional law and of European Union Law. Both elements will be treated jointly, considering the interractions between the domestic legal order and the EU regulations. In particular, a thorough analysis will be conducted with respect to the consitutional norms reguilating the economic relationships and the freedom to perform business activities. With respect to the EU and international legal orders, particular care will be dedicated to their impact on the domestic legislation and their practical consequences in the field of economic activities. Practical examples will be conveyed to students and interactive debate will be strongly encouraged. 

Required Readings

it is mandatory to have a civil code, preferably in english or in any case in Italian

Course Evaluation

Active participation is required by the students who will be involved during all lesson in moot court, traininig, learning expereince and discussion. Participation is an important part of the evaluation.

Syllabus

Session 1
Hours of lesson: 0
Instructor: R. Cornetta

Topics:

1. - Preliminary issues - Preleggi

2. - Person and capcity

3. - Marriage and family

4. - Obligations

5. - Contract Law

6. - various contracts

7. - protection of rights

Readings:

it is mandatory a copy of the Italian civil code

readings will be distributed  on a case by case basis

Session 2
Hours of lesson: 0
Instructor: T. Senni

Topics:

  1. Forms of State; forms of government. Public finance
  2. The sources of law and their interaction; hierarchy among sources of law
  3. International law and the relationships between the international legal order and the domestic legal order
  4. The European integration process and the European legal order (overview)
  5. The impact of EU law on the domestic legal system; implementation of EU law into national legislations; Italy (and EU) external relations and relevant legal basis
  6. The principles of the Italian constitutional order: the economic relationships
  7. The Independent Authorities
  8. Referenda and the people’s legislative powers
  9. The legislative power; the President of the Republic
  10. The Government and the Public Administration: overview of the Italian Administrative bodies
  11. The power of the public Administration to enter into agreements, according to the Italian Civil Code; legal enforcement of administrative decisions
  12. “Interessi legittimi” and “diritti soggettivi”; the regimes regulating protection against unlawful decisions of public entities

Readings:


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