FAMILY LAW

Family law is a compulsory course of the Bachelor’s degree in Sciences of Society and Social Service.
The Course will provide students the knowledge of private law’s categories and institutions related to the different fields of the social services, with particular attention to personal rights and family law.
The first part of the course will focus on the study of the most important concepts and elements of Private Law, both from an economic and non-economic point of view.
The aim is to give students of the tools to operate properly in every working environment Sciences of Society and Social Service cope with. Furthermore, the course will teach students a problematic-juridical approach to the difficult situations related to the domestic framework, and how to expose problems and solutions using an appropriate language and adequate legal means.

1. Knowledge and understanding
1.1 Understand the multilevel legal system which governs the today private relationships.
1.2 Knowledge of the private legal institutions, object of the program of the course.
1.3 Understand the role of the studied legal institutions and how they govern private relationships and conflicts.

2. Ability to apply knowledge and understanding
2.1 Ability to set human relationship with juridical relevance, both personal and economic, in the legal frame.
2.2 Ability to find the legal provisions applicable to a certain situation.
2.3 Once acquired the knowledge of the different institutions, ability to determine which legal provision finds application to solve conflicts or regulate a certain human relationship (both economic and personal).

3. Judgment
3.1 Being able to interpret legal provisions.
3.2 Being able to identify, distinguish, relate different principles and legal provisions belonging to different sources of the multilevel system.
3.3 Facing an hypothetical conflict or private relationship, finding the provisions or the institutions to solve or manage the situation.

The acquisition of particular preliminary knowledge is not required.

• Modern legal systems. Sources of law. Structure and interpretation of the legal provision.
• Legal situations. Legal persons: natural and juridical persons.
• Legal goods. Property, possession and other rights in rem
• Obligations: structure, fulfilment, events, extinction and contractual liability
• Private autonomy and circulation of goods. Contract law (physiology and pathology of contracts)
• Civil liability and tort law.
• Inheritance law. Donations.
• Protection of rights.
• Legal age and protective measures in case of necessity
• Family law and its sources. Family relationship. The Public intervention to protect the family and the minor.
• The marriage and the marital relationship. Matrimonial regimes. The legal separation. The divorce. The free union. The “Same-sex Civil Union” and the “Registered Cohabitation”. The “Remedies for domestic abuse”.
• The filiation. The relationship between parents and children, and the so-called “Parental Responsibility”. The custody of children in case of separation. Minors and protective measures. The adoption (introduction to)

L. Lenti, Diritto di famiglia e servizi sociali, Giappichelli, Torino, 2016, except for chapters VIII, XVII, XVIII.

The study of the textbook needs to be supported by an ongoing consultation of an updated Italian Civil Code, e-book or hard copy.

It is suggested:

Codice civile, a cura di Adolfo Di Majo, Milano, Giuffré, last edition.

During the Course, the opportunity to take two intermediate tests will be given to students. The first one will take place at the end of the first period of lectures and will consist in a written test on fundamental private law institutions. The second one will take place at the end of the second period of lectures and will consist in a written test on family law. The final mark will be the result of the average between the two marks got of the two above mentioned tests.

During the ordinary exam session, the exam will consist in a written test on the entire program.

Each written test (intermediate or final) consists in 15 multiple-choice questions and 3 open questions (18 questions in total).
As regards the multiple-choice test, each correct answer is worth 1,5 points. 0 points in case of wrong answer or mistake.
As regards the open questions, each question is worth max. 3 points.

The Course is mainly structured in several frontal lessons. In addition, some extra-lessons will be structured in a seminar form focusing on topics of particular interest and complexity.

Italian

Further information will be available on the e-learning platform (Moodle)
https://moodle.unive.it/course/view.php?id=844

written

This subject deals with topics related to the macro-area "Poverty and inequalities" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development