Course program
The course program focuses on the study of the fundamental institutions of private law.
Course contents: 1. Introductory notions. 2. Fundamental legal concepts. 3. The legal system and sources of law. 4. Private communications law and its general aspects. 5. Interpretation of the law and analogy. 6. Characteristic aspects of legal activity. 7. Subjective legal situations and legal relationships. 8. Subjects of law. 9.1 The natural person. 9.2 Legal persons and de facto entities. 10. Personal rights in the digital age. 11. Assets and legal forms of ownership. 11.1. New assets of the digital age. 12. Artificial intelligence and legal categories. 13. Property in liberal codifications in the contemporary economic system. 13.1 Other real rights of enjoyment. 13.2 Real rights of guarantee. 14. Possession. 15. Private autonomy and the legal transaction. 15.1. The interpretation of the legal transaction. 16. Economic activity and contractual instruments. The contract and its functions. 16.1. The elements of the contract. 16.2. Formation of the contract. Effectiveness of the contract. Pathological and physiological ineffectiveness of the contract. 16.3. Structural and functional pathologies of the contract. 16.4. Typical and atypical contracts (social types). 16.5. The main typical contracts. 16.6 The consumer contract. 16.7. The electronic contract and e-commerce. Smart contracts. 17. Obligations. Function and sources of the obligation. 17.1. Events of the obligation and extinction of the obligatory relationship. 17.2. Non-performance, (contractual) liability, and guarantees.17.3. Monetary obligations. Electronic money and cryptocurrencies. Debt securities. 18. Management of other people's business and unjust enrichment. 19. Unlawful acts and civil liability. 19.1. Strict liability: 19.2. Damages. Causality and remedies. 19.3. Cybersecurity and digital age crimes. 20. Business, society, and family agreements. 20.1. Business networks. 21. The family. 22. Succession due to death. 23. Protection of rights.
Please note that the following topics will not be covered in the oral exam: succession due to death and family, business and society, bankruptcy and insolvency proceedings.
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)
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.
