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Single discipline educational activity
Course Sheet Academic Year of enrolment:
Professor and Collaborators:
Hours of classroom activity:
Objectives
Contents PRIVATE LAW
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.Liability for defective product:profiles UE Liability for environmentsl damage
-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.
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
Teaching Methods The fundamental teaching method is the frontal lesson; the course involves a total of 72 hours divided into two-hour lessons for three days a week + 18 hours of supplementary teaching activity.
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 Student reception: Tuesday, 11 am-1pm.
Other reception days and times may be set upon request
forwarded by e-mail by students to the following address:
e.leccese@unich.it
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.
Erasmus students must contact the teacher for their program.