Università degli Studi di Urbino Carlo Bo / Portale Web di Ateneo


ELEMENTS OF PRIVATE LAW
ISTITUZIONI DI DIRITTO PRIVATO

A.Y. Credits
2023/2024 8
Lecturer Email Office hours for students
Matteo Mularoni Tuesday, from 17.00 to 18.00

Assigned to the Degree Course

Economics and Management (L-18 / L-33)
Curriculum: generico
Date Time Classroom / Location
Date Time Classroom / Location

Learning Objectives

The Course aims to provide students with the fundamental theoretical principles, as well as knowledge of the main doctrinal and jurisprudential orientations relating to the sources of law, the application of the law, the general regulation of legal obligations (bonds and contracts), and tortious acts as sources of obligation.
In particular, the Course aims to convey to students the general principles and theoretical foundations necessary for understanding:
- Of the sources of law and, in particular, of the sources of production and cognition, as well as the organization thereof;
- Of the interpretation and application of regulatory provisions;
- of the rules governing mandatory relationships, as well as the establishment, regulation and extinction of patrimonial legal relationships;
- general principles underlying non-contractual liability

Program

The Course will cover the following topics:
1) PRELIMINARY NOTIONS: a) The Legal System; b) Private Law and its Sources; c) The Temporal Effectiveness of Laws; d) The Application and Interpretation of Law; e) Conflicts of Law in Space.
2) THE LEGAL ACTIVITY AND THE JURISDICTIONAL PROTECTION OF RIGHTS: a) Subjective legal situations; b) The subject of the legal relationship: the natural person; personality rights; c) The object of the legal relationship; d) The fact, the deed and the legal transaction; e) The influence of time on obligatory events.
3) RIGHTS OF CREDIT: a) The obligatory relationship; b) The elements of the obligatory relationship; c) Changes in the subjects of the obligatory relationship; d) The extinction of the obligation; e) Default and default; f) The debtor's property liability.
4) CONTRACTS IN GENERAL: a) The contract; b) Negotiations and the conclusion of the contract; c) Vices of the will; d) The form of the contract; e) Representation; f) The preliminary contract and the constraints to contract; g) The object of the contract; h) The cause of the contract; i) The interpretation of the contract; l) The effects of the contract; m) The accidental elements of the contract; n) Invalidity and ineffectiveness of the contract; o) The rescission and termination of the contract.
5) OBLIGATIONS ARISING FROM TORT: (a) Non-contractual liability.

Bridging Courses

None.

Learning Achievements (Dublin Descriptors)

The Course is aimed at providing students with legal knowledge relating to the sources of law, the application of law, the establishment, regulation and extinction of obligatory legal relationships, as well as the legal principles underlying non-contractual liability.

- Knowledge and understanding: by the end of the course, students should have acquired knowledge and understanding related to national legal norms, doctrinal and jurisprudential orientations that regulate, i.e. interpret, the main legal institutions covered during the course. The mode of didactic work by which these results will be achieved will consist of face-to-face lectures.

- Applied knowledge and understanding: students should be able to employ the knowledge acquired in order to interpret and apply the rules in the field of private law proper to the national legal system, as well as to relate the system of rules to the functioning of legal relations. They should also acquire the ability to understand and use the sources of law and jurisprudence. The modes of didactic work by which these results will be achieved will consist of lectures, sharing of in-depth teaching materials and practical workshops.

- Autonomy of judgment: students must have the ability to connect the knowledge acquired during the course and to confront complex issues independently and with their own judgment. In particular, this autonomy of judgment should be expressed through the acquisition of interpretative skills, case analysis and qualification of the relationship between facts of reality and legal facts. The modes of didactic work by which these results will be achieved will consist of face-to-face lectures, sharing of in-depth teaching materials and practical workshops.

- Communication skills: students should acquire clear and effective communication skills through a good command of the technical-legal language related to the topics covered during the course. They should also possess the ability to illustrate the logical-legal, interpretive and argumentative paths, which underlie the disciplines of legal relations. The modes of didactic work by which these results will be achieved will consist of lectures, sharing of in-depth teaching materials, and practical workshops.

- Ability to learn: students should have developed good learning skills, enabling them to deepen the knowledge acquired during the course. In particular, they should acquire basic skills and tools for understanding the complexity of legal phenomena. The modes of didactic work by which these results will be achieved will consist of lectures, sharing of in-depth teaching materials, and practical laboratories.

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

Teaching, Attendance, Course Books and Assessment

Teaching

The Course will be conducted through face-to-face lectures, aimed at enabling students to know and understand - and to accustom them to debate - the normative provisions and the main orientations of doctrine and jurisprudence regarding the individual topics covered.

In the course of the lectures, normative references relating to the institutes covered will be given as well as pointed out articles, notes to judgments and jurisprudential pronouncements of particular interest

Attendance

The preparation of each student will be verified as part of an oral exam relating to the entire course program.

The student must have knowledge and understanding of the institutions covered during the lessons and demonstrate that he is able to exhibit the knowledge acquired. The student must also demonstrate an aptitude for clearly communicating the topics under discussion.

Course books

A. TORRENTE - P. SCHLENSINGER, Manuale di diritto privato, Venticinquesima edizione (ovvero l'ultima disponibile), a cura di Franco Anelli e Carlo Granelli, Giuffre Fanrcis Lefbvre, 2022, except for the following chapters: Chapter VII(c) (The subject of the legal relationship, lett. (c) entities); Chapter XI (The judicial protection of rights); Chapters XIII to Capital XVI (relating to real rights); Chapter XXIII (The legitimate causes of preemption); Chapter XXIV (The means of preservation of the patrimonial guarantee); Chapters XXXIX to LIV (relating to individual contracts and obligations arising from the law); Chapters LVI to LXXXI (relating to business, family and succession).

In addition, students should use, obligatorily, an updated Civil Code.

Assessment

Each student's preparation will be tested as part of an oral examination covering the entire course program.

The student must possess knowledge and ability to understand the institutes covered in the course of the lectures and demonstrate the ability to expound the knowledge acquired. The student must also demonstrate aptitude in communicating clearly the topics under discussion

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

Additional Information for Non-Attending Students

Teaching

Individual study of the previously indicated examination texts, handouts prepared by the lecturer and material on the Moodle platform.

Course books

A. TORRENTE - P. SCHLENSINGER, Manuale di diritto privato, Venticinquesima edizione (ovvero l'ultima disponibile), a cura di Franco Anelli e Carlo Granelli, Giuffre Fanrcis Lefbvre, 2022, except for the following chapters: Chapter VII(c) (The subject of the legal relationship, lett. (c) entities); Chapter XI (The judicial protection of rights); Chapters XIII to Capital XVI (relating to real rights); Chapter XXIII (The legitimate causes of preemption); Chapter XXIV (The means of preservation of the patrimonial guarantee); Chapters XXXIX to LIV (relating to individual contracts and obligations arising from the law); Chapters LVI to LXXXI (relating to business, family and succession).

In addition, students should use, obligatorily, an updated Civil Code.

Assessment

Each student's preparation will be tested as part of an oral examination covering the entire course program.

The student must possess knowledge and ability to understand the institutes covered in the course of the lectures and demonstrate the ability to expound the knowledge acquired. The student must also demonstrate aptitude in communicating clearly the topics under discussion

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

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