RIGHT OF TRANSFERS OF REAL ESTATE TRUST AND SEPARATE ASSETS

Course objectives

The course is aimed at students who have already acquired adequate institutional knowledge of the civil right. It proposes to deepen critically, in the light of the guidelines doctrinal and jurisprudential, the discipline of the acts of private autonomy and, in particular, of the contract, relying on the examination of specific themes and issues, from which to derive, inductively, general principles. This is functional to ed training the refinement of a correct methodological approach, as well as the acquisition and allotment development of the diagnostic skills necessary for the correct treatment of legal problems. Knowledge of the discipline of the main contractual types functional to the transfer of ownership and the establishment of rights on real estate. The teaching focuses on the practical-applicative dimension, through the analysis of the most widespread contractual forms, of the techniques for drafting the shops and of the jurisprudential material, in order to allow students to draw up contracts concerning real estate and resolve the main real estate negotiation issues

Channel 1
ENRICO ELIO DEL PRATO Lecturers' profile

Program - Frequency - Exams

Course program
Goods in general. Classifications of goods. Appliances and composite things. Universality. Fruits. The company. - Real rights. Property in general and properties. Land ownership. - Community of property, co-ownership and timeshare. The condominium in the buildings and the super condominium. - Other real rights of enjoyment. The right of surface. The emphyteusis. Usufruct, use and dwelling. The easements. - The real rights of guarantee. The pledge. The mortgage. - The contract. The requirements of the contract. The agreement. Negotiations and pre-contractual liability. The preliminary contract. - Sale and purchase in general. Real estate sales. The seller’s liability. The protection of the buyer of the property to be built. The contracts of enjoyment in function of the subsequent sale of immovable property (so called rent to buy). The real estate credit to the consumers. - Donations. The donation contract. Indirect donations. The circulation of donated goods. - The mandate. The mediation. The mortgage. - The notarial activity and the responsibility of the notary. - The publicity of legal events. The circulation of rights and the transcription. Real estate transfers in execution of separation and/or divorce agreements. - Liability for assets. Limitations of liability and separate assets. The asset fund. Assets destined for a specific business. The acts of assignment for the realization of interests worthy of protection. - Trust. Trust in general. Applications and relationships with related institutions.
Prerequisites
No prerequisites required. The basic knowledge necessary to deal with the study of legal notions will be provided in the first lessons.
Books
The following texts are suggested for exam preparation (limited to the topics included in the program): - C.M. BIANCA, Diritto civile, 6, La proprietà, 2nd ed., Giuffrè, Milan, 2017; - E. DEL PRATO, Le basi del diritto civile, 5th ed., Giappichelli, Turin, 2023.
Teaching mode
The course includes lectures, with formulation of questions and dialogic use of arguments, and seminars.
Frequency
It is highly recommended to attend classes and seminars; it is necessary to consult an updated civil code.
Exam mode
The exam is aimed at evaluating the learning and processing ability of the topics covered during the course. The verification will be carried out on the basis of the following criteria: knowledge of principles and institutes, clarity of presentation, adequate language properties, effective exposure supported by valid and legally correct arguments, ability to synthesize. To pass the exam you must obtain a grade of not less than 18/30. The student must demonstrate that he has acquired sufficient knowledge of the topics covered and is able to exhibit them with property of language and ability to make connections. To achieve a score of 30/30 cum laude, the student must demonstrate that he has acquired excellent knowledge of all the topics covered during the course, being able to link them in a logical and consistent way.
Bibliography
- C.M. BIANCA, Diritto civile, 6, La proprietà, 2nd ed., Giuffrè, Milan, 2017; - E. DEL PRATO, Le basi del diritto civile, 5th ed., Giappichelli, Turin, 2023.
Lesson mode
The course includes lectures, with formulation of questions and dialogic use of arguments, and seminars.
MIRZIA ROSA BIANCA Lecturers' profile
  • Lesson code10610544
  • Academic year2024/2025
  • CourseLaw and Economics of Real Estate
  • CurriculumSingle curriculum
  • Year2nd year
  • Semester1st semester
  • SSDIUS/01
  • CFU9
  • Subject areaprivatistico