PRIVATE LAW - 2

The course aims to provide students with basic information concerning the basic legal institutions of modern private law and fundamental legal concepts necessary for an understanding of the dynamics of the legal regulation of property relations between individuals

1. Knowledge and understandings
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 understandings
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 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 a hypothetical conflict o private relationship, finding the provisions or the institutions to solve or manage the situation.

None prerequisite is required

• Modern legal systems. Structure, interpretation and application of the legal provision. Sources of law.
• 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). Specific contracts. Consumer law.
• Civil liability and tort law.
• Obligations' specific sources.
• Inheritance law. Donations.
• Protection of rights.

The student may alternatively use the following two textbooks (the indicated sections must be completed for each).

F. Galgano, Diritto privato, Cedam, ed. 2023, the following chapters:
from 1 to 22 inclusive; 28; 29 limited to paragraphs 1, 2, 3 and 4; 30 limited to paragraphs 1 and 2; 31 limited to paragraphs 1 and 3; 32; 35 limited to paragraph 1; 36 and 37, 43; 45; 46; 47 limited to paragraphs 1 and 2; from 48 to 53 inclusive
the "comparative law tables" found in the indicated chapters are only to be read, they are not part of the exam syllabus

Diritto privato, a cura di E. Gabrielli, ed. Giappichelli, 2020:
Parts to study:
Chapter I is recommended to be read in its entirety; however, study sec. II, paras. from 5 to 8 inclusive and sec. IV entirely;
Chapter II entirely
Chapter III paras. from 1 to 6 inclusive and paragraphs 8 and 9
Chapter V entirely
Chapter VI: Section I, Section II limited to paragraph 7, Section III and Section IV; Section V limited to the paragraph 'The Rights and Duties of Children', the paragraph 'The Exercise of Parental Responsibility', and the paragraph 'The Administration of the Child's Property and Power of Representation'; Section VI limited to paragraphs 1 and 2.
Chapter VII entirely
Chapter VIII paras. from 1 to 8 inclusive
Chapters from IX to XIII entirely
Chapter XIV entirely except for paras. 7 and 8
Chapters from XV to XXVI entirely
Chapter XXVIII paras. from 1 to 6 inclusive, 7, 7.2, 7.5, 7.6, 8 and 8.1, 8.3, 10
Chapter XXX paras. 1, 1.1, 1.2, 3, 3.1, 4
Chapter XXXI all of paras. 1 and 2, including sub-numbers
Chapter XXXII all of para. 1 and paras. 5, 5.1, 5.2, 5.3
Chapter XXXIII entirely
Chapter XLI paragraphs 5 and 6
Chapters XLII and XLIII entirely
Chapter XLVI all of sec. II and section III
Chapter XLVII entirely
Chapter XLVIII limited to section II (to be completed entirely)


The student may opt (it's a discretionary choice), as a substitute for the syllabus on successions, to study: G. SICCHIERO, Fondamenti di tecnica contrattuale, Cedam.

The use of a civil code of any edition is required, provided it is updated.

The written exam consists in 21 multiple-choice questions. Each correct answer is worth 2 points. No answer is considered mistake. Succeeding in the written exam is mandatory to be admitted to the oral exam. To pass the written exam, it is required to give 15 right answers out of 21 questions. The written part of the exam aims to test the basic knowledge of the Italian legal institutions.
The oral exam aims to evaluate the knowledge and the comprehension of the most important private law institutions. Also, In this context, the ability of the students to expose the acquired knowledge using a technical and juridical language will be assessed.

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.

Accessibility, Disability and Inclusion
Accommodation and support services for students with disabilities and students with specific learning impairments

Ca' Foscari abides by Italian Law (Law 17/1999; Law 170/2010) regarding support services and accommodation available to students with disabilities. This includes students with mobility, visual, hearing and other disabilities (Law 17/1999), and specific learning impairments (Law 170/2010). If you have a disability or impairment that requires accommodations (i.e., alternate testing, readers, note takers or interpreters) please contact the Disability and Accessibility Offices in Student Services: disabilita@unive.it.

written and oral