PRIVATE LAW
Although no special prerequisites are required, a previous, good
knowledge of the sources of the Italian and European law is strongly
recommended. Both can be acquired by attending the Public Law course
or by taking the Public Law exam.
The examination will focus on the topics covered in the reference texts and in the documents published on the e-learning page, with particular attention to the topics discussed in depth during the classes.
In particular, the examination will consist of a written test, divided into two parts: a multiple-choice test with 30 questions and a written open question. The total time allotted for the examination (first part + second part) will be 60 minutes.
Grades will be expressed in thirtieths.
In order to pass the examination, a minimum score of 18/30 in both parts of the examination is required (test and open question).
The final mark will be determined by the average of the marks obtained in the two parts of the examination (if both parts are sufficient).
Part 1: test
- 30 questions with 4 possible solutions, of which only one is correct - will be evaluated according to the following criteria: correct answer, +1; omitted answer, 0; wrong answer, -0.
Second part: open question.
The question may relate to the description of one or more legal institutions or require the solution of a legal problem.
The answer will be assessed in relation to the student's knowledge of legal language, ability to understand the rationale behind the rules and the function of the legal institutions, and ability to reason logically and systematically.Honors are achieved by correctly answering an additional question after scoring the highest mark in both parts of the examination.
Examination procedures and syllabus are the same for both students and non-attendees.
Only those students who are duly registered for the exam will be admitted to take it. There are no intermediate exams.
The aim of the course is to provide students with the knowledge of the principles and basic rules of Italian private law, with particular reference to those related to economic issues.
At the end of the course, students will be able to:
- recognize the fundamental legal concepts and basic legal terminology
- identify and solve legal problems of a non-complex nature.
The course deals with the following subjects, (taken from the reference book's table of contents):
- Rights (9 hours)
The concept of "right" and other legal concepts - Legal acts and legal facts, effectiveness of legal acts- Goods and things - Circulation of rights and obligations
- Persons (9 hours)
Natural and legal persons - Natural persons – Organizations
- The right of ownership and property interests (12 hours)
The right of ownership in the Italian legal system - The right of ownership: actions, acquisition and protection - Property interests - Property interests and obligations - Public records - Possession.
- The law of obligations (9 hours)
The concept of obligation - Performance of obligation, termination of obligations other than performance – Modification of obligations - Effects of non-performance: default by the obligor – Security, means of guaranteeing credit
- The law of contract (18 hours)
The concept of contract – Contract formation, form of the contract - Agency - The elements of the contract - The law of contract - The legal effects and the binding force of contract – Effectiveness of the contract, freedom of contract and content of the contract – Void and voidable contract - Termination of contract and other remedies
- Sale (3 hours)
Examination method and program are the same for attending and non-attending students.
60 hour lecture course, in Italian, aimed at illustrating the main institutes of private law, with specific regard to the subjects most directly related to economic issues, accompanied by examples taken from practice.
Office hours: according to the calendar published on the Department's website (Home page docente) or by appointment by contacting the teacher at the following email address: alba.fondrieschi@uninsubria.it