ADVANCED PRIVATE LAW
DIRITTO PRIVATO PROGREDITO
Obligations and contracts
Il diritto civile nella legalità costituzionale
A.Y. | Credits |
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2021/2022 | 8 |
Lecturer | Office hours for students | |
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Laura Di Bona | It is possible to arrange receptions upon request via email. |
Teaching in foreign languages |
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Course with optional materials in a foreign language
English
This course is entirely taught in Italian. Study materials can be provided in the foreign language and the final exam can be taken in the foreign language. |
Assigned to the Degree Course
Date | Time | Classroom / Location |
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Date | Time | Classroom / Location |
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Learning Objectives
The course, aimed at students already in possession of the institutional notions of private law, aims to consolidate, expand and deepen these notions with regard to the discipline of obligations and of the contract in particular.
From a methodological point of view, the aim of the course is to integrate the approach to the legal textbook with critical insights derived both from short non-institutional readings, and from the analysis of case law cases of interest based on the individual issues dealt with, in a to stimulate in the student a problematic-critical approach and therefore a greater evaluative autonomy in the understanding and application of legal institutions.
Program
The program will focus on the following topics and institutions: bonds in general, with particular reference to: structure; characteristics and events of the obligation; the typical types of bonds; changes to the mandatory relationship; non-fulfillment and patrimonial responsibility; the means of conservation of the asset guarantee; lawful acts and facts as sources of the obligation; the contract in general, with particular reference to: contract and legal transaction; the sources of the contractual settlement; the cause; the formation of consent and the conclusion of the contract; the contractual regulation; the accidental elements; shape; the contract and third parties; disability; termination and termination; the assignment; representation; the interpretation of the contract.
Bridging Courses
Private law institutions
Learning Achievements (Dublin Descriptors)
Knowledge and understanding The student who has taken the Private Progressed exam has: - ability to understand and in-depth knowledge of the norms and principles in force of civil law, as well as of the fundamental private institutions, as emerging in national and community law; - ability to understand critical in-depth essays and the motivations of jurisprudential rulings relating to private law; - methodological-interpretative approach inspired by systematic, logical, teleological criteria; ability to learn and critical reasoning using a case-based method;
Ability to apply knowledge and understanding The student who has taken the Private Progress exam has: - ability to interpret and apply the civil laws and principles in force at national and EU level; - ability to find - by drawing on both paper journals and databases - the sources of civil law, as well as jurisprudence in civil matters; - ability to understand and use the sources themselves for the purpose of solving practical cases. The acquisition of the aforementioned skills will be verified through: exercises on jurisprudential cases; intermediate tests concerning single parts of the course; final exam.
Making judgments The student who has taken the Advanced Private exam should have: ability to conceive of private law as a practical science; consequent ability to apply the rules, principles and private institutions as tools for solving practical cases; ability to identify the correct discipline to apply to the specific case, based on the interests subject to protection
Communication skills The student who has taken the Advanced Private exam should have: ability to deal with and resolve the legal problems underlying private law relationships, making use of logical legal paths that are consistent and compatible with the reference system.
Learning skills The student who has taken the Advanced Private exam should have: acquired the legal methodology to face the new problems that the social, economic and regulatory evolutions constantly pose to the civil lawyer.
Teaching Material
The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it
Supporting Activities
Seminar activities; workshops and practical exercises with a case-based method
Teaching, Attendance, Course Books and Assessment
- Teaching
Frontal lessons; Seminar activities; workshops and practical exercises with a case-based method
- Attendance
No attendance obligation
Consultation of the civil code and special reference laws with respect to the subjects and institutes under study
- Course books
F. Gazzoni, Obbligazioni e contratti, Napoli, ESI, ultima edizione
P. Perlingieri, Depatrimonializzazione e diritto civile, in Rassegna di diritto civile, 1983,1
C. Donisi, Verso la "depatrimonializzazione" del diritto civile, in Rassegna di diritto civile, 1980, p. 644 ss.
A. De Cupis, Sulla "depatrimonializzazione" del diritto privato, in Rivista di diritto civile, 1982, II, p. 482 ss.
- Assessment
Intermediate checks, including written ones, relating to individual parts of the program;
Final exam through oral interview
- Disability and Specific Learning Disorders (SLD)
Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.
To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.
Additional Information for Non-Attending Students
- Attendance
Consultation of the civil code and special reference laws with respect to the subjects and institutes under study
- Course books
F. Gazzoni, Obbligazioni e contratti, Napoli, ESI, ultima edizione
P. Perlingieri, Depatrimonializzazione e diritto civile, in Rassegna di diritto civile, 1983,1
C. Donisi, Verso la "depatrimonializzazione" del diritto civile, in Rassegna di diritto civile, 1980, p. 644 ss.
A. De Cupis, Sulla "depatrimonializzazione" del diritto privato, in Rivista di diritto civile, 1982, II, p. 482 ss.
- Assessment
Final exam through oral interview
- Disability and Specific Learning Disorders (SLD)
Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.
To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.
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