Student guide Faculty of Law A.Y. 2010/11

Civil Law
Aim of the course
The course will focus on general contract law subjects within the current system, based on the Constitution, the Civil Code, the main special statutes and the case law.
The specialist study method will be used to analyse specific issues which compare the principles of contract law with the latest topics that come to the attention of contemporary lawyers in the field of economics and business practice and law.
By means of an in-depth study of the system of liability in civil law, the course provides an introduction to the methods of civil law analysis. For this reason, a careful study of the practical applications will be made alongside the theoretical treatment of the legal issues raised: students should for this reason note that the examination will cover all aspects of the course in their entirety.
The subject will be investigated with the help of the techniques available to the comparative lawyer and the economic legal analyst. Moreover, moots will be organised during the course on specific aspects of the syllabus in order to aid analysis of and discussion on the most recent cases.
1.   General contract law.
2.   The concept of contractual independence and its limitations.
3.   Reciprocal remedies.
4.   Equity, good faith and the contractual relationship.
5.   Contracting on behalf of others.
6.   Assignment of contracts.
During the course, in order to increase students’ interest and complete the teaching activities by adding practical aspects, the lecturer will indicate and comment on some judgments which have resolved questions relating to the legal institutions taught.
The course will be supplemented by seminars devoted to subjects chosen on the basis of the interests expressed by students.
1. Notion and functions of civil liability
2. Objective elements of the civil wrong: unlawfulness and causation.
3. Subjective elements: liability and blame.
4. Extenuating circumstances and defences.
5. Compensation and evaluation of damages
6. Civil liability as a meeting place between parties.
7. The dividing line between contractual and non-contractual liability
8. Types of civil wrongs (torts)
9. Twin themes: third-party liability and insurance
Seminar-style tutorials will be arranged – details will be given to the students during the course.
Oral exams will be held at the end of the course.
Reading list
Sacco, R., De Nova, G., Obbligazioni e contratti, Vol II, in Trattato di diritto privato directed by Rescigno, P., vol. 10, Utet, Turin, latest available edition.
Students are strongly recommended to consult the Civil Code frequently during attendance at lectures and revision for the exam. Recommended textbook:
·         De Nova, G., Codice Civile e leggi complementari, Zanichelli, Bologna, latest available edition.
Further reading will be suggested during the course.
Monateri, P. G., Manuale della responsabilità civile, UTET, Turin, 2001.
Alpa, G., La responsabilità civile, Giuffrè, Milano, 1999

The following are also recommended:
Candian, A. D., Responsabilità civile e assicurazione, EGEA, Milan, 1993.
Ponzanelli, G., La responsabilità civile, Il Mulino, Bologna, 1992.
Cooter, R., Mattei, U., Monateri, P. G., Pardolesi, R., Ulen, T., Il mercato delle regole, Il Mulino, Bologna, 2001 (ch. VI & VII).
Monateri, P. G., voce Responsabilità civile in diritto comparato, in Dig. XVII, Disc. priv. sez. civ., UTET, Turin, 1998 (pages 12-24).

Further reading materials will be indicated to students during the course.