Private Law
Aim of the course
The course is designed to provide a basic grounding in that part of the law that has traditionally regulated legal relations between private citizens. Being a foundation course, the law considered is naturally that of Italy, though this does not exclude consideration of European law in general.
Particular attention is paid to the relationship between legal rules and regulations and rationally efficient behavior, with the corresponding problem of transaction costs. This shifts the focus of the course above all to the property-owning aspects of private law and in particular to the areas of contract and business. However, the essential elements of family law and the law of succession (mortis causa) are also covered.
In this context, the fundamental objective of the course remains that of familiarising the student with the basic tenets of private law and not least its sources (both formal and cultural). This will assist the student to apply the whole of the private law to particular cases in a co-ordinated manner.
Syllabus
1. Sources of Italian law
2. General principles of the system and general elements of theory
3. Individuals and the family
4. (a) Associations & (b) Corporations, or associations with legal personality
5. Businesses and companies
6. Property and rights
in rem7. Obligations
8. Contracts
9. Unlawful acts and tortious liability
10. The Law of Succession
Seminars will also be held on subjects of interest to the students.
Examinations
There is an oral examination at the end of the course.
Reading list
1) Students should choose one of the following textbooks:
Alpa, G., Istituzioni di diritto privato, Turin, Utet, latest edition.
Bessone, M., (by), Istituzioni di diritto privato, Turin, Giappichelli, latest edition.
Galgano, F., Diritto privato, Padua, Cedam, latest edition.
Torrente, A., Schlesinger, P., Manuale di diritto privato, Milan, Giuffré, latest edition.
Trimarchi, P., Istituzioni di diritto privato, Milan, Giuffré, latest edition.
2) Carnevali, U., Appunti di diritto privato, Milan, Libreria Cortina, latest edition.
In addition to the reading of one of the books under 1) and that under 2), students must study an updated edition of the Civil Code and related legislation such as:
De Nova, G., Codice civile e leggi commentate, Bologna, Zanichelli, latest edition.