The general objective of the course is to provide students with a complete knowledge of the law of obligations and contracts which, from a legal point of view, represent essential notions for any self-employed or employed professional.

The aim of the course is to provide the student with a complete knowledge of the legal phenomenon and the law of obligations and contracts referred to in Book IV of the Civil Code. The program specifically covers:
- The legal system
- Private law and its sources
- Subjective legal situations
- The fact, the act and the legal transaction
- The obligatory relationship
- The elements of the obligatory relationship
- Modification of the subjects of the obligatory relationship (on the active and passive side)
- The extinction of the obligation
- Non-fulfilment and default
- The debtor's patrimonial liability
- The contract
- Negotiations and the conclusion of the contract
- Defects of will
- The form of the contract
- The object of the contract
- The cause of the contract
- The accidental elements of the contract
- The invalidity of the contract
- Rescission and resolution
- Consumer contracts and unfair clauses
- The effects of the contract
- Representation
- The preliminary contract and the constraints to contract
- The interpretation of the contract

There are no specific prerequisites other than those required for access to the degree course.

The expected learning outcomes are the following:
1 – At the end of the course, the student must know the fundamental characteristics of the system considered as a whole and of the legal phenomenon. Likewise, he/she must know the discipline dictated by the civil code in the matter of obligatory relationships and contract.
2 – At the end of the course, the student must be able to evaluate the legal aspects of obligatory and contractual relationships, demonstrating that he/she knows how to apply, concretely, the reference discipline.
3 – The student must be able to autonomously and critically evaluate the contractual dynamics, knowing how to identify the applicable discipline and the consequences from a legal point of view, both in the pathological phase of the relationship and in the possible pathological phase. Likewise, he/she must be able to use the main reference source, i.e. the civil code, as well as the most relevant special laws, relating them to the legal system.
4 – The student must be able to communicate and transmit what he/she has learned using technical-legal terminology.
5 – The student, on the basis of the knowledge acquired, must be able to deal with further and more advanced legal issues concerning obligations and contracts independently, starting from the rules and the main institutions addressed during the course, also from a problem-solving perspective.

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

To be agreed with the teacher via email

Teaching

The teaching will be developed exclusively through lectures, during which the teacher will invite students to analyze the civil code and to reason on certain cases useful for understanding the reference institutions and developing a critical approach also with a view to identifying the remedy.

Educational seminars with teachers who are experts in certain topics or participation in conferences are planned.

Course books

It is recommended to study the subject on the basis of the following reference texts. For each text, the relative part that will be the subject of the final exam is reported (distinguishing between the full program and the reduced program for attending students) in line with the course contents indicated above:

PIETRO PERLINGIERI, Istituzioni di diritto civile, Edizioni scientifiche italiane (Napoli), 2022: Parte Prima – sezioni A, B, C, D, E; Parte Terza – sezioni D, E (solo paragrafi 83, 84, 85); Parte Quarta – Sezione A.
Per i frequentanti è esclusa la seguente parte (limitatamente, se indicato, a taluni paragrafi): Parte Terza – Sezione D (saltare paragrafi da 68 a 74); Parte Quarta – Sezione A (saltare paragrafi dal 29 al 36 e dal 54 al 73).
oppure
ANDREA TORRENTE, Manuale di diritto privato, Giuffré (Milano), 2023: Cap. I; Cap. II; Cap. VI; Cap. IX (paragrafi dal 96 a 101); Cap. XVII; Cap. XVIII; Cap. XIX; Cap. XX; Cap. XXI; Cap. XXII (no paragrafi 236-bis; 236-ter; 236-quater; 236-quinquies); Cap. XXV; Cap. XXVI; Cap. XXVII; Cap. XXVIII; Cap. XXIX; Cap. XXX; Cap. XXXI; Cap. XXXII; Cap. XXXIII; Cap. XXXIV; Cap. XXXV; Cap. XXXVII; Cap. XXXVIII; Cap. XXXIX (solo paragrafi dal 358 al 361). 

Assessment

The final exam will be an oral or written test and will focus on the full or reduced program depending on whether the student is attending or not. For these purposes, the teacher will publish on the University e-learning platform at the end of the course the list of students who will have the opportunity, based on attendance, to take the final exam on the reduced program. Only during the oral test will the student be able to use the civil code.

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.

Teaching

The teaching will be developed exclusively through lectures, during which the teacher will invite students to analyze the civil code and to reason on certain cases useful for understanding the reference institutions and developing a critical approach also with a view to identifying the remedy.

Attendance

Non-attending students will have to integrate the program with the following topics:
- Modification of the subjects of the obligatory relationship (on the active side and on the passive side)
- The effects of the contract
- Representation
- The interpretation of the contract

Course books

It is recommended to study the subject on the basis of the following reference texts. For each text, the relative part that will be the subject of the final exam is reported (distinguishing between the full program and the reduced program for attending students) in line with the course contents indicated above:

PIETRO PERLINGIERI, Istituzioni di diritto civile, Edizioni scientifiche italiane (Napoli), 2022: Parte Prima – sezioni A, B, C, D, E; Parte Terza – sezioni D, E (solo paragrafi 83, 84, 85); Parte Quarta – Sezione A.
Per i frequentanti è esclusa la seguente parte (limitatamente, se indicato, a taluni paragrafi): Parte Terza – Sezione D (saltare paragrafi da 68 a 74); Parte Quarta – Sezione A (saltare paragrafi dal 29 al 36 e dal 54 al 73).
oppure
ANDREA TORRENTE, Manuale di diritto privato, Giuffré (Milano), 2023: Cap. I; Cap. II; Cap. VI; Cap. IX (paragrafi dal 96 a 101); Cap. XVII; Cap. XVIII; Cap. XIX; Cap. XX; Cap. XXI; Cap. XXII (no paragrafi 236-bis; 236-ter; 236-quater; 236-quinquies); Cap. XXV; Cap. XXVI; Cap. XXVII; Cap. XXVIII; Cap. XXIX; Cap. XXX; Cap. XXXI; Cap. XXXII; Cap. XXXIII; Cap. XXXIV; Cap. XXXV; Cap. XXXVII; Cap. XXXVIII; Cap. XXXIX (solo paragrafi dal 358 al 361). 

Assessment

The final exam will be an oral or written test and will focus on the full or reduced program depending on whether the student is attending or not. For these purposes, the teacher will publish on the University e-learning platform at the end of the course the list of students who will have the opportunity, based on attendance, to take the final exam on the reduced program. Only during the oral test will the student be able to use the civil code.

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.

Criteria for assigning the final paper: in assigning the final paper, the teacher will take into consideration the interest shown during the course for the subject and the degree of achievement of the educational objectives by the student.