PRINCIPLES OF PRIVATE LAW

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 for personal and patrimonial relationships.
To reach this scope, it is necessary to receive adequate technical and juridical language, as well as the ability to analyse human facts and relations, either personal or economic ones, from a juridical perspective.

1. Knowledge and understandings
1.1 Understand the multilevel legal system which governs interindividual relationships.
1.2 Understand the institutions of private law 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 comprehend human relationships with juridical relevance, both personal and economic, in the legal framework.
2.2 Ability to find the legal provisions suitable for a certain situation.
2.3 Once acquired the knowledge of the legal 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 Finding the provisions or the institutions to solve or manage the situation.

4. Communication skills
4.1 Proper reporting of the specific features of private law, by using appropriate language.
4.2 Ability to present the normative and regulatory functions of the main institutions of private law.
4.3 Ability to develop critical opinions

No 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.
• Private autonomy and circulation of goods. Contract law (physiology and pathology of contracts). Consumer law.
• Civil liability and tort law.
• Succession law.

P. Zatti, A. Fusaro, Diritto Privato. Corso Istituzionale. Wolters Kluwer, last edition, except the following parts: cap. 9, par da 1 a 9 compreso, 12 e 13; cap. 12, par. 2 e 3; cap. 14,15,16, 17, 18; cap. 24 25, 26, 27, 28, 29; cap. 31, 32, 33.
The study of the text must be combined with the constant consultation of an up-to-date edition of the Civil Code:
- Codice civile, a cura di G. De Nova, Zanichelli, last edition
- Codice civile, a cura di Adolfo Di Majo, Milano, Giuffré, last edition

The examination consists of a written test. The written test consists of six multiple-choice questions and two open questions.
The correct answer to each multiple-choice question will result in a mark of 0.5. For passing the examination, a sufficient mark in each of the answers to the open-ended questions will be decisive.
A mark in the 18-22 range will be awarded in presence of:
- sufficient knowledge of the institutes referred to in the open question;
- sufficient communication skills, especially in relation to the use of legal language;
- limited to sufficient ability to make independent judgments.

Marks in the 23-26 range will be awarded in the presence of:
- fair knowledge of the institutions referred to in the open question;
- fair communication skills, especially in relation to the use of legal language;
- discrete ability to formulate autonomous judgments.

Marks in the 27 to 30 range will be awarded in presence of:
- good to very good knowledge of the institutions referred to in the open question;
- good to very good communication skills, especially in relation to the use of legal language;
- good to very good ability to make independent judgments.

Honours will be awarded for excellent knowledge, expository skills and ability to make independent judgments.

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

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.

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