PRIVATE LAW AND CYBER SECURITY

Single discipline educational activity

Course Sheet

Course code:

DPS018

Academic Year of enrolment:

2020

Year of supply:

2020/2021

Type of Course:

Basic

Degree:

Course of 1st Cycle Degree in ECONOMY, MARKETS AND DEVELOPMENT

Disciplinary Sector:

Private Law

Location:

Credits:

Programme Year:

Professor and Collaborators:

LECCESE Eva

Cycle:

First semester

Hours of classroom activity:

Individual study hours:

Prerequisites:

Objectives

TRAINING OBJECTIVES AND OBJECTIVES
The aim of the discipline is to provide students with knowledge of the general concepts of private law and to enable them to learn the basic concepts of the main institutions. The course aims at acquiring, in a preliminary way, the basic notions and the fundamental principles of the legal system and of the discipline of the relationships between private through the study of the topics of normative sources, internal and Community, subjective legal situations, the discipline of property, obligations and property responsibility, contracts, civil liability. A special part will be devoted to analysing the relationship between private law and technological innovation, with the deepening of the issue of security in electronic commerce as well as regulatory aspects related to privacy and the proper management/storage of data. In this perspective, teaching contributes to the achievement of the educational objective of the course of studies as it aims at providing a methodological tool necessary for the analysis, the study and understanding of the regulatory phenomena of the market.
RESULTS OF LEARNING ATTENDED
At the end of teaching, the student must have knowledge and skills relating to:
KNOWLEDGE AND CAPACITY OF UNDERSTANDING
The purpose of the discipline is to provide students with a knowledge of the general concepts of private law and to enable them to learn the basic notions of the main institutions. Especially, the student: -- knows the themes of the normative sources, inside and community, of the subjective juridical situations, of the discipline of the goods, of the obligations and of the property responsibility, of the contracts, of the civil responsibility, technological innovation, with the deepening of the issue of security in electronic commerce as well as regulatory aspects related to privacy and the proper management/storage of data.
- The student understand the difference among the circumstances and he/she has full understanding of the necessary juridical tools to satisfy the demands coming from the economic reality what, for istance, the contractual typologies or the forms negotiate them fitter to the self- regulation of an interest private.
KNOWLEDGE AND CAPACITY OF UNDERSTANDING (applied)

- the student uses the acquired knowledges applying them in the qualification of a concrete circumstance and in the distinction of the right principals on the things --the student selects the necessary juridical tools to satisfy the demands coming from the economic reality, what for istance, the contractual typologies or the forms negotiate them fitter to the self- regulation of a private (contractual typology, privacy protection, property interest, e-commerce); - delivers a juridical elementary opinion of civil law on matters connected the people's right, the right of the goods, the right of the obligations and the contracts and the e-commerce, appreciating the economic consequences of the choice of the juridical tool.

AUTONOMY OF JUDGMENT:
-The student interprets a text of law, in the appreciation of the consequential juridical consequences from determined behaviors and relationships among private - he/she expresses analytical considerations and of synthesis on the fundamental aspects of the guidelines and he/she effects connections among the various institutes.
- The student interprets the concrete circumstances that the reality of the relationships among private introduces (for istance: payment missed, possibility to release from an appointment, e-commerce) with the juridical tools, esteeming the consequences of it (for istance breach, recess,).
- The student applies the notions acquired to the concrete circumstances and in degree to point out the preferable solution and to orient among more proposed solutions.

COMMUNICATION SKILLS:
- the student knows and understands the juridical language of base and uses it.
ABILITY TO LEARN
The student carries out individual and group research on specific aspects of the discipline and directs itself in the deepening of specific themes

Contents

PRIVATE LAW AND CYBER SECURITY
The aim of the discipline is to provide students with knowledge of the general concepts of private law and to enable them to learn the basic concepts of the main institutions. The course aims at acquiring, in a preliminary way, the basic notions and the fundamental principles of the legal system and of the discipline of the relationships between private through the study of the topics of normative sources, internal and Community, subjective legal situations, the discipline of property, obligations and property responsibility, contracts, civil liability. A special part will be devoted to analysing the relationship between private law and technological innovation, with the deepening of the issue of security in electronic commerce as well as regulatory aspects related to privacy and the proper management/storage of data.

Extended Syllabus

Introductory Notions -The Private Law and the public law - The concept of right- The juridical system - the juridical norm. Sources of the right. Sources of the Italian right and the community sources; the adjustment of the inside right to the community right - The interpretation of the law - The Subjective Situations - active and passive subjective Situations - The juridical relationship. The Subjects - Physical person - Juridical ability and the ability to act.- The incapabilities. The rights of the personality - Legal person - The institution - The Goods: preliminary Notions on the goods and on the property rights. Real rights and rights of credit: fundamental notions - Purchase and guardianship of the property rights. -The wrongful act and the civil responsibility (torts)- The responsibility ex art. 2043 c.c. profiles. -Legal transaction: Contract and private autonomy . The contract in general - Structure and classification of the contracts - Essential elements and accidental elements. - Sources of the contractual rule . Contractual will and its demonstration - The vices of the Contractual will - The basis of contract (consideration)- The object - The form -The accidental elements - The accord of the parts and the conclusion of the contract - The negotiations, the obligation of good faith and the tort. Gli effects of the contract - The interpretation of the contract - Pathology: invalidity and ineffectiveness - Voidness - Voidable Rescission - The resolution of the contract for breach of contract - Representation - Simulated contract- The consumer's contracts - The process of unification of the principles by law contractual in the European union. -The Obligations Nature and elements of the obligatory relationship The debt and the property responsibility. The object of the obligation - the performance - The subjects of the obligation - The duty of correctness and good person faith. The sources of the obligations in general -Kinds of obligations. The fulfillment of the obligation and the different other causes of extinction from the fulfillment. The extinction of the obligation. The fulfillment in general. The creditor's delay. The different ways of extinction from the fulfillment: Default and default (Contractual Liability) – Liability from default (contractual) and liability from wrongful act: differences - The different consequences of default- The failure to obligations for reasons beyond the debtor’s control - Default for reasons attributable to the debtor: contractual liability - Default - Damage compensation – Penal clause. The deposit. Changes to the mandatory relationship - objective modifications. Real subrogation– subjective modifications active. The assignment of the claim. The subrogation in the creditor’s rights- subjective passive modifications. The delegation, the expropriation and the debt assumption Subjective innovation. Guarantees of the obligation: Capital responsibility and guarantees. Means of preserving the asset guarantee
Special part
Generalities: Internet in international law.
Protection of personal data and protection of identity.
Electronic commerce and consumer protection on the Internet.ta.

Recommended Bibliography

ONE CHOICE BETWEEN THE FOLLOWING:
NIVARRA, RICCIUTO SCOGNAMIGLIO, Istituzioni di diritto privato, Giappichelli, Torino, ult. ed.
PARADISO, Corso di istituzioni di diritto privato, Giappichelli, Torino, ult. ed.
PERLINGIERI, Manuale di diritto civile, Esi, Napoli, ult, ed.
STANZIONE, Manuale di diritto privato, Giappichelli, Torino, ult. ed.
TORRENTE – SCHLESINGER, Manuale di diritto privato, Giuffrè, Milano, ult. ed.
TRABUCCHI, Istituzioni di diritto civile, Padova, Cedam, ult. ed.
Consultation of the Civil Code is essential

Special part:
A.GAMBINO, A. STAZI, D. MULA, DIRITTO DELL'INFORMATICA E DELLA COMUNICAZIONE-Giappichelli, Torino, 2019

-Cap. 2 (La libertà di espressione e la tutela dei dati personali in Rete)
-Cap. 3 (La libertà di iniziativa economica privata ed il commercio elettronico).

Methods of Provision

Conventional

Teaching Methods

The basic teaching method is the frontal lesson; the course includes the
48 hours divided into two-hour lessons for three days per week + 12 hours of additional teaching
Attendance is not compulsory but is highly recommended.
Frontal teaching involves a strong interactive component between teacher and students. The course will take place in an interactive way to stimulate the involvement of students in various forms, in relation to the training objectives that the course aims to pursue.
During the teaching some tests of the learning will be proposed (intermediate tests of self-assessment), to be carried out in classroom and in collective way, with the proposition of questions in order to verify the aforementioned formative objectives: this will allow to verify the level of acquisition of the proposed notions and the need for corrective interventions (additional lessons, in-depth seminars).
The frequency is strongly recommended.

Evaluation methods

Verification of learning:

The assessment of the level of learning will be carried out using an oral test. The oral test is aimed at verifying the knowledge and competences developed in the learner regarding the training objectives of the course. In addition, the student must demonstrate communication skills, mastery of language and display clarity. Examination procedures are the same for frequenting and non-frequenting students.

Contacts/More Information

All information and where applicable support materials are available to students on the teacher’s learning page.
Erasmus students must contact the teacher for their program.

If Health Laws and University regulations allow, teaching activities, teachers office hours’, and exams may take place online (in whole or in part). For any further information and updates, please refer to the University website.

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

Aree