PRIVATE LAW OF COMMUNICATION

Course objectives

1) The purpose of the course is to impart to the students the knowledge of the main institutes of private law and to inform them about the juridical problems that involve the world of communication also in comparison to the digital sector, to whom is dedicated a specific book to study. These knowledges allow the students to understand the decisions adopted by jurisdictional authorities by a critical approach. 2) The students that will have attended the course and succeeded their exam will be able to know the system of sources of national, European and international law, as well as the main juridical problems that involve the world of communication. Students will be able to implement the knowledges acquired to understand the matters that involve the privacy, the balance between the freedom of the press and the right to be forgotten, the relationship between big data and individual rights, the fake news, etc. 3) Over the course, the students will be called to think about the decisions adopted by the Italian and European jurisprudence to implement the autonomy of judgement about the specific cases in-depth studied, as well as the ability to marry and criticize. 4) The final exam consists in an oral test and for students it represents the opportunity to show the knowledge learnt, the acquired ability to communicate and marry and the technical and expositive speech. 5) Over the course the students will be called to examine jurisprudential and bibliographic materials so that they learn an adequate knowledge of the subjects studied.

Channel 1
FABRIZIO CRISCUOLO Lecturers' profile

Program - Frequency - Exams

Course program
The course program is about study of the fundamental institutes of private law.
Prerequisites
The course is aimed at first year students, so they can understand the most relevant problems affecting the world of communication.
Books
1) Pietro Perlingieri, Istituzioni di diritto civile - 7° ed., ESI, 2020: the whole book EXCEPT THE FOLLOWING SECTIONS: - Parte Quarta: lett. C "I singoli contratti", parag. 87, 88 (from pag. 342 to 343), 100, 101, 102 (from pag. 359 to 362), 109 (pag. 372); - lett. D "Promesse unilaterali e titoli di credito": parte b "Titoli di credito in generale" (parag. from 121 to 127, that is from pag. 386 to 390); - lett. E "Pubblicità e trascrizione" (from parag. 128 to 136, that is from pag. 391 to 398); - Parte Sesta: lett. d "Forme di cooperazione tra imprese" (from parag. 16 to 18, that is pagg. 463-465) and lett. e "Crisi dell'impresa e procedure concorsuali" (from parag. 19 to 22, that is from pag. 466 to 471); - Parte Settima (from pag. 477 to 534); - Parte Ottava (from pag. 539 to 581). • AS AN ALTERNATIVE TO THE BOOK BY PERLINGIERI: Vincenzo Roppo, Diritto privato. Linee essenziali, 6° ed., Giappichelli Eds., 2020 The whole book EXCEPT THE FOLLOWING SECTIONS: - sezione IV “I diritti sulle cose”: cap. 16 “La trascrizione” - sezione VII “I contratti”: cap. 33, parag. 16, 17 and 20; cap. 35, parag. 10 - sezione X 2) Giovanni Bruno, Diritto delle comunicazioni, Giappichelli Eds., 2019. 3) Codice civile 2021, by Giovanni Perlingieri and Marco Angelone, ESI eds.
Teaching mode
If the situation due to Covid-19 requires changes, the course may also be carried out remotely, according to the procedures set by the University.
Frequency
The attendance of the course is not mandatory, but it's highly recommended
Exam mode
Oral interview about the knowledge learned from the study of the textbooks indicated in the program and (if attending) from the frequency of the lessons.
Lesson mode
If the situation due to Covid-19 requires changes, the course may also be carried out remotely, according to the procedures set by the University.
Channel 2
GIOVANNI BRUNO Lecturers' profile

Program - Frequency - Exams

Course program
Course contents: 1. Getting Started. 2. The basic legal concepts. 3. Sources of law. 4. The concept of private law. 5. The interpretation of the law and the analogy. 6. The profiles that characterize legal activity. 7. Subjective legal situations and the legal relationship. 8. The protection of rights. 9. The subjects of the law. 9.1 The physical person. 9.2 The legal person and the factual entities. 10. The rights of individuals in the information society. 11. Assets. 12. The private autonomy. 13. The contract and its funzioni14. The dl contratto13 elements. Effectiveness of the contract. 14. pathological and physiological ineffectiveness of the contract. 14.1 Structural and functional disorders of the contract. 15. Typical and atypical contracts (social types). 15.1 the main typical contracts. 16. The electronic contract and electronic commerce. 17. The unlawful act (tort). 18. The obligation. 18.1 function and sources dell'obbligazione18.2 obligation vicissitudes and extinction ratio of 18.3 infringement liability (contractual) and guarantees. 19. The mortgaging 19.1 19.3 proprietà19.2 other real rights possession. 20. The company, society and the family agreements. 21. The Family. 22. The succession to the death and the succession agreements.
Prerequisites
No prerequisites are foreseen. Although knowledge of the institutional features of private law is desirable, the course is designed - both for attending and non-attending students - in order to allow the recovery and/or acquisition of the fundamental tools of legal discourse. In any case, the teachers and collaborators are available to each student for any adjustments to the program that may be necessary.
Books
1) Vincenzo ROPPO, Il contratto del duemila, Giappichelli (ultima edizione); 2) Fabrizio CRISCUOLO, Autonomia negoziale e autonomia contrattuale, Edizioni Scientifiche Italiane, 2008; 3) Giovanni BRUNO, Diritto delle Comunicazioni, Giappichelli (ultima edizione)
Teaching mode
Attendance at lessons is a free choice of the student. The attending student, subject to the teacher's consent, can choose to study an ad hoc program, which can be further personalized in harmony with his interests and thematic preferences. Attending students are given the possibility of accessing an intermediate test, located in the second half of the course, consisting of the presentation in the classroom of a project work - group or individual - agreed with the teacher among the topics related to the exam program. By way of example but not limited to, analysis of practical cases that have been the subject of decisions of Italian or European jurisprudence. Attendance is ascertained by signing by students on a special sheet distributed by the teacher during each lesson. Absence equal to or less than 30% of the total hours of lessons is considered irrelevant.
Exam mode
Oral interview. Attending students have the option of taking an intermediate test in the manner illustrated in the previous box.
Lesson mode
Attendance at lessons is a free choice of the student. The attending student, subject to the teacher's consent, can choose to study an ad hoc program, which can be further personalized in harmony with his interests and thematic preferences. Attending students are given the possibility of accessing an intermediate test, located in the second half of the course, consisting of the presentation in the classroom of a project work - group or individual - agreed with the teacher among the topics related to the exam program. By way of example but not limited to, analysis of practical cases that have been the subject of decisions of Italian or European jurisprudence. Attendance is ascertained by signing by students on a special sheet distributed by the teacher during each lesson. Absence equal to or less than 30% of the total hours of lessons is considered irrelevant.
  • Lesson code1041912
  • Academic year2024/2025
  • CourseCorporate and Public Administration Communication
  • CurriculumSingle curriculum
  • Year1st year
  • Semester2nd semester
  • SSDIUS/01
  • CFU9
  • Subject areaDiscipline giuridiche, storico-politiche e filosofiche