law

GIOVANNI PERLINGIERI
ROBERTA LANDI

Analysis of the topics covered and of the most important doctrinal and jurisprudential positions concerning them.
Critical analysis and evaluation in solving practical cases.
Ability to study and investigate according to a methodological perspective of a functional, systematic and axiological type.

Knowledge and Understanding
1. Know the multiple constitutional foundations of contractual autonomy and the limitations that, from within, shape it.
2. Critically reflect on the normative role that principles, rules, and general clauses play in providing regulatory responses to some of the most debated issues regarding contractual autonomy.
3. Experiment with the application of the remedial techniques offered by the current legal system to prevent or respond to contractual pathologies.

Applied Knowledge and Understanding
1. Know how to frame contractual autonomy acts from a functional and axiological perspective.
2. Know how to identify the discipline best suited to safeguarding the interests underlying the act of contractual autonomy from a comparative perspective and based on their merits, in concrete terms.
3. Distinguish, among the tools designed to address pathological situations, which of these are most appropriate (reasonable, proportionate) to regulate the specific relationship and/or resolve conflict situations.

Independent Judgment
1. Identify, distinguish, and relate the principles and rules governing independent negotiation.
2. Interpret legal texts
3. When faced with the need to regulate relationships or resolve conflict situations, be able to identify which legal provisions can be used (and to what extent) as parameters of judgment and tools for conflict prevention or management.

Communication Skills
By the end of the course, students should be able to place independent negotiation within the Italian-European legal system and explain the function and structure of the institutions responsible for their governance, using appropriate argumentative techniques.

Independent Judgment
1. Identify, distinguish, and relate the principles and rules governing independent negotiation.
2. Interpret legal texts
3. When faced with the need to regulate relationships or resolve conflict situations, be able to identify which legal provisions can be used (and to what extent) as parameters of judgment and tools for conflict prevention or management.

Communication Skills
By the end of the course, students should be able to place independent negotiation within the Italian-European legal system and explain the function and structure of the institutions responsible for their governance, using appropriate argumentative techniques.

Preparatory examinations: Civil Law I and II. In particular, it's essential to know: complexity, dynamism and unity of the legal system; constitutional, european and international legality; legal interpretation; reasonableness control in the application of civil law institutions.

The course addresses some of the most debated issues in terms of negotiation autonomy, including (a) typicality and applicable discipline, lawfulness and worthiness control, general clauses of good faith and public order, vexatious clauses, guarantees, alterations to contractual relationships, responsibility, family pact, relation nullity – recovery

G. Perlingieri, Il diritto civile tra principi e regole. Autonomia negoziale, Edizioni Scientifiche Italiane, 2022 (pp. 157-184 and pp. 201-276 excluded).
N.B. For students who attend the lessons, also excluded: pp. 277-300 and pp. 459-515.

We recommend: Codice civile a cura di G. PERLINGIERI e M. ANGELONE, Edizioni Scientifiche Italiane, 2022.

It is also recommend:
- P. PERLINGIERI, Manuale di diritto civile, Xa ed., Edizioni Scientifiche Italiane, 2021;
- attendance of lectures and exercises, during which addictional teaching material will be distributed.
The same teaching material will be available on the Sapienza Moodle e-learning platform.
Further in-depth readings will eventually be suggested during the lessons.

The lectures will be accompanied by in-depth seminars, with guest lecturers from other universities, and exercises on practical cases, with direct involvement of the students. Attendance is optional, but strongly recommended. Reception shifts are planned in order to provide clarifications and encourage an adequate development of argumentative skills.

In presence

Exams are held in oral form, with final grade, in case of success, between 18/30 (pass) and 30/30 (maximum grade; 30 and honors for excellence). To pass the exam with the minimum grade, the student must demonstrate that they have acquired sufficient knowledge of the topics covered and be able to present them with language properties and the ability to make the necessary connections. To pass the exam with the highest grade, the student must demonstrate that they have acquired excellent knowledge of all the topics covered. An interim evaluation may be envisaged. In this case, the test, upon notice, will be written and will consist of open-ended questions.

The student notes from 3 to 5 key words, considered as examples of the topics covered in class and which, in his opinion, summarize the contents. The contributions will be discussed in the next lesson.

• Analysis of the topics covered and of the most important doctrinal and jurisprudential positions concerning them.Critical analysis and evaluation in solving practical cases.Ability to study and investigate according to a methodological perspective of a functional, systematic and axiological type.
  • Books: G. Perlingieri, Il diritto civile tra principi e regole. Autonomia negoziale, Edizioni Scientifiche Italiane, 2022.