PRIVATE LAW - 2

Private Law is a mandatory course of the Bachelor in Business Administration.
The course will provide to students the basic principles and institutions of private law, in order to understand their functions of socio-economic tools, both in personal and in property relations.
To reach this scope, it is necessary to acquire an adequate technical and juridical language and the ability to analyse human facts and relations, both personal or economic, from a juridical point of view.

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. Family law.
• 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.

Student's choice:
M. Paradiso, Corso di istituzioni di diritto privato, XI edizione, Torino, Giappichelli, 2020, escluse le seguenti parti: cap. 48, par. 6; cap. 49 da par. 4 a 8; cap. 50 da par. 2 a 6; cap. 51 par. 1 e 2 e par. 4 e 5; cap. 52; cap. 55; cap. 56.
or
G. Iudica, P. Zatti, Linguaggio e regole del diritto privato, XXII edizione, Cedam, 2021 escluse le seguenti parti: cap. 24, par. 5-6-7; cap. 25, par. 4-5-6; cap. 26, par. 2-4-5-6-7-8-9; cap. 27; cap. 29; da cap. 31 a cap. 37; da cap. 39 a cap. 42; cap. 47 e cap. 48.

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: AA.VV. Codice civile. Per la didattica e lo studio, a cura di R. Pucella con il coordinamento di M. Foglia, Giappichelli, Torino, 202

At the end of the third period, the students will be able to take an examination covering the following parts of the program:
- Handbook M. Paradiso, Course of Institutions of Private Law: ch. 1 to 19 inclusive; ch. 43 to 45; ch. 57 to 63.
- Manual Iudica- Zatti, Linguaggio e regole del diritto privato, from chapter 1 to chapter 15 inclusive and chapters 38 and 44.
This midterm will be held in oral form only.
The student who has passed the oral intermediate test may decide to complete the exam, on the remaining part of the program, at the first or second call of the summer session only. This second exam will be held only in oral form.
The student who does not pass the intermediate oral exam will have to take the exam in the following calls, in written and oral form, on the whole program, as per ordinary mode.
The ordinary written test consists of 15 multiple-choice questions on the whole program; each correct answer is assigned 2 points. The missing answer is equivalent to an incorrect answer. The written test is passed if the correct answers are at least 9 out of 15.
The successful completion of the written test is a condition for admission to the oral test. The written test serves to certify a basic knowledge of the legal institutions.
The oral test evaluates the knowledge and understanding of the fundamental institutes of private law; the evaluation will also focus on the student's ability to explain the following using an adequate technical-legal language.
For the purposes of awarding the grade in thirtieths, it will be taken account of the student's ability to critically analyse the rules of civil law and to systematically frame them. The assessment will be based in particular on the following criteria
- knowledge and understanding of the institutes and principles of the subject and the ability to apply them to concrete cases (60%);
- proper use of technical-legal vocabulary (25%);
- ability to consult and interpret relevant sources (15%).

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.

written and oral