The course deals with the concept of legal norm , its interpretation and in particular the rules system governing private subjects: family relationships and patrimonial relationships; their source , life and extinction.
G.Judica - P.ZattiLanguage and rules of italian private law:an introduction. Cedam, Padova 2012
Learning Objectives
The course aims introducing the language and rules of italian private law in the european and global context. It convers ex professo the following topics: rules and interpretation;natural and legal persons;family; the right of ownership and property interest ; possession; obligations and contract; torts : liability, Injury and damage; Entrepreneurs and economic initiative: basic notions; Succession upon death: basic notions. Special attention inpayed to the Family.
Prerequisites
No
Teaching Methods
The didactic method followed is the oral teaching , supported by the examination of the law sources and jurisprudence . Student participation is encouraged with questions and interventions at the end of each lesson .
Further information
Teachers can be contact through his institutional mail: annacarla.nazzaro@unifi.it bellizzidisanlorenzo@unifi.it
Type of Assessment
The final exam is an oral examination.
Course program
I-Fundamentals1) Introduction to law; legal rule and other types of rules; legal system.2) The sources of law (Constitution, codes, customs); doctrine and jurisprudence.3) The effectiveness of the law in space and time.4) The interpretation of the law.5) Private law and civil code. II- Legal activity 1) Facts, acts and legal transactions.2) Declaration of will and legal shop.III- Subjective legal situations1) The legal relationship2) Active subjective situations: power, power, faculty, subjective law (absolute rights, relative and potestativi, legitimate interest, expectation, widespread interests.) 3) Subjective passive situation: duty, obligation, obligation, awe, burden.4) The statusIV- The protection of rights1) Jurisdictional protection: action and exception, burden of proof; evidence, effectiveness of judgments: judged. 2) Advertising: transcription 3) Prescription and expiryV-I subjects1) The natural person: subject of law, legal capacity; domicile, residence and residence; disappearance, absence and presumed death. Ability to act: disqualification, incapacitation and administration of support.2) The legal person and the de facto entities: outline 3.) Rights of the person: life, physical integrity, health, identity, confidentiality.VI-I goods1) Things and goods : various classifications; pertinences, universality.2) Human body: hints of biodiritto.VII-Private autonomy 1) Structure and effectiveness of the contract: conclusion, execution, interpretation, good faith.2) Will, cause, form, object.3) Contract pathologies: nullity, cancellation. Rescission.Resolution.VIII- Contracts of: 1) exchange, enjoyment, provision of services, settlement of disputes, aleatori.IX- Illicit fact1) Illicit civil, criminal and administrative.2) Compensation for compensation, injunction and restitutoria.3) Contractual and extra-contractual responsibility.4) Injustice; damage; causal link, fraud, guilt and objective liability. 5) Imputability and guilt. X-Bonds 1) Meaning, sources, life, extinction.2) Classification of obligations.3) Inactuation of the relationship and remedies.4) Patrimonial responsibility and forced execution. XI- Property and real rights1) Ownership: content and limits 2) Communion and real rights on other people's belongings 3) XII-Family possession 1) Family of law and de facto family: marriage, civil unions and cohabitation.2) Filiation, adoption and new reproductive technologies.3) Acts and reports: crisis and extinction.XIII - Successions due to death and donations: cenniXIV- Enterprise and private economic initiative: brief