PRIVATE LAW - 2

The course is one of the core subjects of the degree program.

Its objective is to provide students with knowledge of the fundamental legal institutions of modern private law and to understand their function as regulatory tools for economic and social reality, within the legal framework governing both property and personal relationships between private individuals.

To achieve these goals, it is essential to acquire an appropriate legal technical language and the ability to contextualize legally relevant human relationships, both personal and economic, within the applicable legal system.

1. Knowledge and Understanding
1.1 Understanding the multilevel legal system that currently governs relationships between private individuals.
1.2 Acquiring knowledge of the specific private law institutions covered in the syllabus.
1.3 Understanding the role these institutions play in regulating social interactions and resolving conflicts of interest effectively.

2. Ability to Apply Knowledge and Understanding
2.1 Ability to contextualize legally relevant human relationships—both personal and economic—within the applicable legal framework.
2.2 Ability to identify individual legal provisions or sets of rules designed to regulate specific cases.
2.3 Once knowledge of the legal institutions has been acquired, ability to distinguish which of them are suitable for resolving specific conflicts and/or regulating particular relationships (personal and/or economic).

3. Judgment Skills
3.1 Ability to interpret legal texts.
3.2 Ability to identify, distinguish, and relate principles and legal norms from various multilevel sources.
3.3 In situations of conflict or legal uncertainty, ability to determine which specific legal provisions or sets of rules can serve as criteria for judgment and tools for legal management.

No prerequisites are required

Modern legal systems: Sources of law, the structure of legal norms, and statutory interpretation.
Subjective legal situations: Legal subjects, natural persons, and legal entities.
Legal assets: Real rights, private property, and possession.
Obligations: Performance, non-performance, and contractual liability.
Private autonomy and the circulation of goods: General contract law (formation, validity and invalidity, effectiveness and ineffectiveness; performance and termination), specific contracts, and consumer relations.
Civil liability and torts.
Other sources of obligations.
Succession law and donations.
Protection of rights.

The student may alternatively use one of the following textbooks (studying only the specified sections for each).

F. Galgano, Diritto privato, Cedam, 2023 edition
Chapters to be studied:
Chapters 1 to 22 (inclusive)
Chapter 28
Chapter 29 (only paragraphs 1, 2, 3, and 4)
Chapter 30 (only paragraphs 1 and 2)
Chapter 31 (only paragraphs 1 and 3)
Chapter 32
Chapter 35 (only paragraph 1)
Chapters 36 and 37
Chapters 43, 45, 46
Chapter 47 (only paragraphs 1 and 2)
Chapters 48 to 53 (inclusive)
The "comparative law tables" found in the indicated chapters are only for reading and are not part of the exam syllabus.

Diritto privato, edited by E. Gabrielli, Giappichelli, 2020 edition
Sections to be studied:
Chapter I: Recommended to read entirely; however, mandatory study of Section II (paragraphs 5 to 8, inclusive) and the entire Section IV
Chapter II: Entirely
Chapter III: Paragraphs 1 to 6, inclusive, and paragraphs 8 and 9
Chapter V: Entirely
Chapter VI:
Section I
Section II (only paragraph 7)
Sections III and IV
Section V (only the paragraphs "The rights and duties of children," "The exercise of parental responsibility," and "The administration of the child's assets and the power of representation")
Section VI (only paragraphs 1 and 2)
Chapter VII: Entirely
Chapter VIII: Paragraphs 1 to 8, inclusive
Chapters IX to XIII: Entirely
Chapter XIV: Entirely, except paragraphs 7 and 8
Chapters XV to XXVI: Entirely
Chapter XXVIII: Paragraphs 1 to 6, 7, 7.2, 7.5, 7.6, 8, 8.1, 8.3, and 10
Chapter XXX: Paragraphs 1, 1.1, 1.2, 3, 3.1, and 4
Chapter XXXI: Entire paragraphs 1 and 2, including sub-sections
Chapter XXXII: Entire paragraph 1, and paragraphs 5, 5.1, 5.2, and 5.3
Chapter XXXIII: Entirely
Chapter XLI: Paragraphs 5 and 6
Chapters XLII and XLIII: Entirely
Chapter XLVI: Entire Section II and Section III
Chapter XLVII: Entirely
Chapter XLVIII: Only Section II (entirely)

Alternative Option for Succession Law
Students may, at their discretion, substitute the succession law syllabus with:
G. Sicchiero, Fondamenti di tecnica contrattuale, Cedam.

Additional Requirement
Students must use a Civil Code in any edition, as long as it is up to date.

Midterm Written Exam
At the end of the third period, students (both attending and non-attending) will have the opportunity to take a written exam (hereinafter referred to as the midterm written exam) covering the following sections of the syllabus:
Legal system and sources of law
Legal subjects and personality rights
Legal assets
Private property and minor real rights
Obligations and the regulation of monetary, joint, and several obligations
This midterm written exam consists of 15 multiple-choice questions; each correct answer is worth 2 points. Unanswered questions are considered incorrect. The exam is passed with a minimum of 9 correct answers out of 15.

Students who pass the midterm written exam may choose to take the oral exam during either the first or second session of the summer exam period (EXCLUDING ALL LATER SESSIONS). The oral exam will cover the remaining parts of the syllabus.

Important Notice:
Students who fail the oral exam in the summer session will be required, in subsequent sessions, to retake both the written and oral exams on the entire syllabus, following the standard examination format.

Final Written Exam
The standard written exam consists of 15 multiple-choice questions; each correct answer is worth 2 points. Unanswered questions are considered incorrect. Passing the written exam (at least 9 correct answers out of 15) is a mandatory requirement for admission to the oral exam.

The written exam assesses students' basic knowledge of legal institutions.
The oral exam evaluates students' understanding of fundamental private law institutions, as well as their ability to present their knowledge using appropriate legal terminology.

written and oral

Evaluation Criteria

The assessment of students is based on the following criteria:
Knowledge of the subject matter: Completeness and accuracy of the information provided; Understanding of fundamental concepts and their implications.
Proficiency in legal language and terminology: Correct and appropriate use of legal terminology; Ability to express concepts clearly and effectively.
Ability to connect different legal principles: Identification of relationships between various topics covered in the course; Application of knowledge to concrete or interdisciplinary contexts.
The final grade will be determined based on a combination of these elements, assessing both the overall quality of the exam and the presence of significant errors or gaps.

The course primarily follows a conventional teaching approach, combined with seminar activities for in-depth analysis of specific topics.

Accessibility, Disability, and Inclusion
Accommodations and Support Services for Students with Disabilities or Specific Learning Disorders

Ca' Foscari complies with Italian law (Law 17/1999; Law 170/2010) regarding support services and accommodations available to students with disabilities or specific learning disorders.
If you have a motor, visual, auditory, or other disability (Law 17/1999) or a specific learning disorder (Law 170/2010) and require support (such as in-class assistance, technological aids for exams, individualized assessments, accessible materials, note-taking services, specialized tutoring, interpreters, or other forms of assistance), please contact the Disability and Specific Learning Disorders Office at: disabilita@unive.it.

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