SCIENZE POLITICHE E SOCIALIPolicies and Social ServicesAcademic Year 2022/2023

1016490 - DIRITTO PRIVATO - CODICE DEL TERZO SETTORE

Teacher: GIULIANA AMORE

Expected Learning Outcomes

Acquire adequate knowledge of third sector entities, their discipline and their purposes. Achieve a greater understanding of the phenomena and organizations which, in the current socio-economic context, are oriented towards objectives of social solidarity and sustainability. Knowledge and understanding of the specialised legal vocabulary and of the elements characterising the main legal institutions of the private law of Third Sector organisations and social entrepreneurship.
Provide a preparation that facilitates the opportunities for professional placement in the world of the third sector.

Course Structure

Frontal teaching

Required Prerequisites

No prerequisites required.

Attendance of Lessons

Highly recommended frequency, for the purpose of an adequate understanding of the subject

Detailed Course Content

The course deals with the articulated discipline of third sector entities, now contained in the Third Sector Code (Legislative Decree 3 July 2017, n.117) and will take into account the aspects of the most debated ETS in doctrine and jurisprudence. In particular, the following topics will be dealt with: the evolution of the regulation of third sector entities and the characteristic features of individual entities; the legal definition and forms of advertising of third sector entities; the concepts of legal subjectivity and asset destination; the principles of responsibility and control; the principles of gratuity and mutuality with reference to the individual types of third sector entities; the concept of business activity in the third sector and the social enterprise, also in light of the sustainability objectives; the financing instruments of third sector entities also with regard to social impact investments.

Textbook Information

P. Consorti - L. Gori - E. Rossi, Diritto del terzo settore, Il Mulino, 2021 (in parts relating to the exam program).

Course Planning

	Subjects	Text References
1	Legal system
2	Legal sources
3	Natural and Legal persons
4	Concept of the Third Sector: legal framework
5	Delegated law to the Government for the reform of the Third Sector and social enterprise, l. 6 June 2016, no. 106. Principles.
6	The Third Sector Code - Legislative Decree 3 July 2017 no. 117 and corrective decrees.
7	Third sector entities.
8	Typical ETS, in particular Social Enterprise and Philanthropic Entities.
9	Atypical ETS: recognised or unrecognised associations, foundations and other private entities other than companies.
10	The legal personality of ETSs and the RUNTS
11	Third sector entities and activities of general interest.
12	The ETS and secondary and instrumental activities. Commercial activity.
13	ETS fundraising.
14	Responsibilities of ETS administrators.
15	Third sector transparency.
16	Support and promotion of Third sector entities.
17	The system of controls on third sector entities.
18	The relation between Third sector and Public Administration

Learning Assessment

Learning Assessment Procedures

Oral exam.

For attending students, the test will be written and / or consisting of a case study.

Please note: To take the exam, it is necessary to book online at least 3 days before the exam.

Examples of frequently asked questions and / or exercises

- Legal persons

- Foundations

- Non-profit organizations

- Social utility

- Liability of third sector entities

- Legal personality

Versione in italiano