PRIVATE LAW

IUS/01 - 9 CFU - 2° Semester

Teaching Staff

CLAUDIO TURCO


Detailed Course Content

MODULE I

PEOPLE AND REAL RIGHTS.

The legal system and rule of law, sources of private law, interpretation of the law and analogy. Subjective legal situations and legal relationship. Made, act, store, contract. Prescription or limitation. Publicity of legal facts and transcription. Judicial protection of rights and proof of legal facts. The subjects of the legal relationship: physical person, legal person and bodies of fact, non-profit social organizations. And legal capacity to act, administration support, natural ability, legitimacy. Personality rights. The object of legal relationship: right in the legal sense, their classifications and new types of goods. Property law, claims to money and personal rights of enjoyment. The property in the Civil Code, the Constitution and the special laws: content, function, limits and ways of purchasing the property, measures to protect property. Communion, condominium and timeshare. Individual real rights. Possession and detention, possessory actions, adverse possession.

Texts:

1. TORRENTE-SCHLESINGER, Manuale di diritto privato, 21th edition, Giuffre, 2013, chs. I to XVI; LXXXI.

or

2. TURCO, Diritto civile, I, Giappichelli, 2014: chaps. and §§ corresponding to the above program. Please note that in-depth, given in parts of the text in small font, are optional.

 

MODULE II

CREDIT RIGHTS AND OBLIGATIONS

Sources of Obligations. Right to credit, bond, ratio requirements and mandatory character of the provision. Civil obligation and natural (play and bet). Monetary obligations and interests. Multiple liability, divisible and indivisible, alternative and optional. Strict performance, diligence and good faith. Ways of extinguishing different from performance. Circulation credit and subjective changes active and passive relationship mandatory assignment of credit and assignment of claims units (factoring), subrogation, delegation, expromission, assumption. Responsibility for non-performance and protection "outside" of the credit default of the debtor and the creditor. Credit guarantees and financial liability of the debtor: collateral (privileges, pledge, mortgage) and personal (and surety insurance guarantee), means conservation of the collateral (subrogation, revocation, seizure, lien), enforcement generic and in a specific form. The source of non-contractual obligations: the offense, the unilateral promises and debt instruments, the obligations under the law (management business, unfair, unjust enrichment).

 

Texts:

1. TORRENTE-SCHLESINGER, Manuale di diritto privato, 21th edition, Giuffre, 2013, chs. from XVII to XXIV; XLVII (§ 417); XLVIII (§§ 418 to 420); LI (§§ 426 to 431; 433-434); LIV-LV.

or

2. TURCO, Diritto civile, I, Giappichelli, 2014: chaps. and §§ corresponding to the above program. Please note that in-depth, given in parts of the text in small font, are optional.

 

MODULE III

THE CONTRACT

Contract and collective bargaining; contract, shop and unilateral acts. Contract requirements: a) agreement: proposal, acceptance and conclusion of the contract; consensual contracts and real; offer to the public; abnormal forms of conclusion of the contract, membership contracts and "consumer contracts"; pre-contractual liability; b) because: cause and reasons, presupposition, causal abstraction; c) object; d) form. Ancillary provisions: condition, term, so; penalty clause and deposit. Obligations of contracting: contract imposed preliminary option, pre-emptive and conventional legal. Interpretation of the contract. Effects of the contract: contracts to effect real and binding effects; effects between the parties and with respect to third parties; conflicts of ownership between buyers more of the same law; integration and execution of the contract. Other events of the contract: legal representation and voluntary and contract concluded by the representative, proxy and mandate contract for the nominee, the contract in favor of third parties, assignment of the contract, simulation, trust deed. Validity and invalidity of the contract: nullity and annulment, the consequences of disability between the parties and with respect to third parties. Withdrawal, rescission and termination of the contract. Individual contracts (besides those already mentioned in other parts of the program): sale, rent, lease, mandate, loan, mortgage, donation, franchising, subcontracting.

Texts:

1. TORRENTE-SCHLESINGER, Manuale di diritto privato, 21th edition, Giuffre, 2013, chs. by XXV to XXXVIII; XXXIX (§§ 358 to 363; 364); XL-XLI; XLIII (§§ 384 to 386; 388); XLIV (§§ 390, 394); XLV (§§ 400-401); LXXX.

or

2. TURCO, Diritto civile, I, Giappichelli, 2014: chaps. and §§ corresponding to the above program. Please note that in-depth, given in parts of the text in small font, are optional.



Textbook Information

1. TORRENTE-SCHLESINGER, Manuale di diritto privato, 21th edition, Giuffre, 2013 (only chapters and §§ listed in the program of each module).

2. TURCO, Diritto civile, I, Giappichelli, 2014 (the entire volume, which coincides with the overall program of the three modules). Please note that in-depth, given in parts of the text in small font, are optional.




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