DIRITTO CIVILE I
- Overview
- Assessment methods
- Learning objectives
- Contents
- Full programme
- Bibliography
- Teaching methods
- Contacts/Info
In order to attend the exam of Civil Law students must have already passed the exams of Private Law and Constitutional Law.
A good knowledge of the fundamental basis of Private Law is required.
The exam consists of an oral test focused on the whole content of the course (part I and part II). The oral test consists of an interview aimed at ascertaining the students’ knowledge of the subjects of the course, their understanding, the acquisition of appropriate language, the ability to synthesize and rework.
The course of Civil Law is divided into two parts, which deal with obligations (part I) and contract (part II). Both the courses will be held in the first semester.
The lectures of both will be held every academic year in the first semester, in order to ensure, with greater elasticity, the completeness of the training offer. We wish to outline that the examination can only be supported by the students enrolled in the fifth year of the course.
The aim of the course is to enable students to gain:
- excellent knowledge of two subjects among the most important of civil law (contract and obligations), deep comprehension of their general principles, ability to interpret them in the view of doctrine and jurisprudence;
- ability to rework the principles and rules being object of study and to apply such knowledge to specific cases;
- ability to interpret and systematically reading legislation; independent capacity to identify the ratio behind each law;
- the use of an appropriate legal language;
- a high level of learning ability which will enable them to continue their studies with a high level of autonomy
The course of Civil law Part I deals with obligations (art. 1173 – 1320 c.c.) and basic concepts and general principles of obligations law.
The course covers the following topics:
nature and content of obligations, “natural” obligations, time and place of performance, fulfillment and default of obligations, ways of extinguishing obligations; credit transfer and succession in debt; pecuniary debts and other types of debts; obligations with multiple debtors or creditors.
The case law on the fundamental issues in this matter will be examined, with discussion of practical cases and critical analysis of case law
1. Il rapporto obbligatorio, la prestazione, obbligazioni di mezzi e di risultato; la patrimonialità della prestazione
2. L’interesse nel rapporto obbligatorio, il dualismo delle parti, la promessa al pubblico, oneri reali e obbligazioni propter rem, interessi diffusi
3. Obbligazioni di dare
4. Obbligazioni di facere e praestare; obbligazioni alternative e con facoltà alternativa
5. Obbligazioni pecuniarie
6. Tempo e luogo di adempimento delle obbligazioni; termine e sue funzioni
7. Surrogazione di pagamento; Quietanza e annotazioni liberatorie
8. La cooperazione del creditore all’adempimento; mora del creditore;
9. La responsabilità del debitore per inadempimento, la mora debitoris ex re e ex persona; gli effetti della mora debitoris
10. Modi di estinzione delle obbligazioni diversi dallo adempimento
11. La cessione del credito
12. Obbligazioni naturali
13. Delegazione
14. Espromissione e Accollo
15. Le garanzie reali e personali
The following book is recommended:
F. GALGANO, Le obbligazioni in generale (corso di diritto civile), Cedam.
For a good preparation on institutions and basic principles is also recommended P. Trimarchi, Istituzioni di diritto privato, Milano, Giuffrè, §§ 1-70; 108-274; 330-381.
It is then necessary to consult a good updated edition of the Civil Code and relevant laws.
Additional materials, information and updates will be available by consulting the E-learning platform.
The study of these materials must be considered mandatory and additional to that of the recommended handbook.
Learning activities consist of 40 hours of lectures held by the Professor.
During the course other speakers, selected from the professors of related subjects or professionals may be invited to support the professor.
Seminars and practical classes will be held, according to the arrangements and timetable which will be communicated by the Professor at the beginning of the course.
Due to the current measures to contain the Covid 19 epidemic, the lessons will take place remotely. The lessons will also be recorded and published on the e-learning platform in order to allow students to listen again.
First lesson: will be held on September 28th, 2020
Lessons hours:
Every Monday from 2:00 pm to 5:00 pm; and Every Wednesday form 4:00 pm to 6:00 pm
Due to the current measures to contain the Covid 19 epidemic, the lessons will take place remotely. The lessons will also be recorded and published on the e-learning platform in order to allow students to listen again.
Faculty office hours
Due to the current measures to contain the Covid 19 epidemic, it is not possible to receive them at the institute; the teacher remains available to students for reception on the microsoft teams platform, upon appointment to be made via email (maria.feola@uninsubria.it).