DIRITTO PRIVATO SVIZZERO
Appropriate knowledge of Italian private law and constitutional law is required.
The assessment consists of an oral exam covering the whole program.
Only for attending students there is the opportunity of taking two written tests. Each test includes a part with multiple choice questions, aimed at testing the overall knowledge of the topics of the course, and a part with open questions, aimed at verifying the ability to explain in writing using correctly the technical-legal language and to re-elaborate in a critical way what has been learned in class.
The course aims at providing an introduction to Swiss private law, starting from its main sources: the Civil Code and the Code of Obligations. The main institutes of Swiss private law will be discussed (with special focus on obligations and contracts, property rights, family law and inheritance law). The characteristics and functions of each legal institute will be explained, also through a comparative analysis with the Italian legal system in order to understand similarities and differences.
The course program is divided into the following modules:
A. Introduction to the Swiss Civil Code: 1. Origin of the Swiss Civil Code and features of the codification of private law in Switzerland; 2. Introductory articles of the Code, with a focus on the sources of Swiss private law and the principles of good faith, equity and the burden of proof; 3. Individual rights; 4. Family law (with specific focus on marriage and divorce); 5. Overview of inheritance law; 6. Property rights (with a focus on land ownership).
B. Introduction to the Code of Obligations: 1. Origin of the Code of Obligations; 2. General part of the Code of Obligations; 3. Contract, 4. Civil liability; 5. Overview of company law.
Teaching method
The course consists of 50 hours of teaching in class. To support students, teaching materials, including power point presentations containing summary sheets of the key concepts of the course, will be made available on the e-learning platform.