Course of Degree in Business Economics Academic Year 2015/16

Transcription

1 Università degli Studi di Catania - Dipartimento di Economia e impresa Course of Degree in Business Economics Academic Year 2015/16 Institution of private law (I Year, II semester, 9 credits) Name of the teacher: Prof.ssa Michela Cavallaro Place: Palazzo delle scienze C.so Italia, 55 Catania, II flo (local Management). Phone: ; micaval@unict.it Receiving timetable students: mond. and wensd. h LEARNING OBJECTIVES PREREQUISITE REQUIRED ORGANIZATIO N AND TEACHING METHODS FREQUENCY LESSONS 1. Knowledge and understanding. The course aims to provide the keys to a good knowledge and understanding, as well as the sources of law and its interpretation principles, the fundamental institutions of private law most closely related to the economic process in terms of the discipline of the subject (person physical and legal entities), goods and traffic rights, bonds and credit of the contract in general and negotiation models most common and most significant, civil liability, all in a systematic perspective bottom particularly careful to the frequent regulaty changes also source community, as well as legal and doctrinal ientation and the effect of the practice in the evolution of the socio-economic individual institutions. 2. Applying knowledge and understanding. The course aims to enable the student to reconstruct and interpret the typological variety of situations and legal interests in the privatized plan, identifying the discipline and the implications and applying in practice the knowledge and skills acquired during the course of lessons and developed with a careful study of the matter. 3. Making judgments. The teaching tends to let the student's ability to grasp and elabate the reasons at the basis of the choices of the system, grasping the real interests underlying the various institutions and prompt its related fms of protection. In particular, the student will be placed in a position to judge whether and to what extent such protection does appear to be adequate to the pursuit and the actual implementation of the objectives of legislative policy that underlie it, also in view of the inevitable repercussions on the socio-economic and the need to draw legally balanced solutions that reconcile individual interest and general interest; and also to distinguish between positive and negative aspects, advantages and disadvantages associated with regulation and the possible options between alternative fms of protection ready by the legislature, particularly with regard to the distribution and circulation of wealth and credit. 4. Communication skills. The course must put the student in a position to transfer and apply the knowledge gained outside, using an exposure mode logical argument confms to the main principles of matter and also suits a technically appropriate legal language. In particular, he must be able to provide opinions, advice and assistance on issues object of study: the consultation, interpretation and enfcement jurisprudential in general bonds, the method of entering into contracts (principal with respect to the me frequent and relevant practices in socio-economic), the problems of product liability and so on. 5. Learning skills. Exceeding the matter must be based on a rigous assessment in the examination of the achievement by the student of a level of preparation and competence that allows him to approach the study of the other legal teachings and not, as well as those also not legal, but which may present significant implications with them. Nobody Lectures, classroom discussions, practical training on new legislation and case law; any course tests aimed at verifying the results and level of learning. Nmally mandaty REFERENCE 1. PARADISO, Cso di istituzioni di diritto privato, Giappichelli, 2014.

2 TEXTS 2. TORRENTE-SCHLESINGER, Manuale di diritto privato, 21 a edizione, Giuffrè, 2013 (only chapters and listed in the program of each module). 3.TURCO, Diritto civile, I, Giappichelli, 2014 (the entire volume, which coincides with the overall program of the three modules). Please note that insights, given in parts of the text in small font, are optional. MARKED TEST Tests during the course Possible evidence at the end of Course Exam dates Oral. I Module iario-esami DELIVERY MATERIALS Page of teacher in studium@unict.it COURSE PROGRAM MODULE I PEOPLE AND REAL RIGHTS Legal system and rule of law, sources of private law, interpretation of the law and analogy. Subjective legal situations and legal relationship. Acts and contract. Prescription an decadence. Publicity of legal facts and transcription. Judicial protection of rights and proof of legal facts. The subjects of the legal relationship: physical person, legal person, nonprofit social ganizations. Legal capacity to act, administration suppt, natural ability, legitimacy. Personality rights. The object of legal relationship: right in the legal sense, their classifications and new types of goods. Property law, claims to money and personal rights of enjoyment. The property in the Civil Code, the Constitution and the special laws: content, function, limits and ways of purchasing the property, measures to protect property. Communion, condominium and timeshare. Individual real rights. Possession and detention, possessy actions, adverse possession. Reference texts: PARADISO, Cso di istituzioni di diritto privato, Giappichelli, 2014, chaps. and cresponding to the above program. TORRENTE-SCHLESINGER, Manuale di diritto privato, 21 a edizione, Giuffrè, 2013: chaps. from I to XVI; LXXXI. TURCO, Diritto civile, I, Giappichelli, 2014: chaps. and cresponding to the above program. ). Please note that insights, given in parts of the text in small font, are optional. MODULE II CREDIT RIGHTS AND OBLIGATIONS Sources of Obligations. Right to credit, bond, requirements and mandaty character of the provision. Civil obligation, and natural (play and bet). Monetary obligations and interests. Multiple liability and partial, divisible and indivisible, alternative and optional. Strict perfmance, diligence and good faith. Ways of extinguishing different from perfmance. Circulation credit and subjective changes active and passive relationship mandaty assignment of credit and assignment of claims units (facting), subrogation, delegation, exsromission, assumption. Responsibility f non-perfmance and protection "outside" of the credit default of the debt and the credit. Credit guarantees and financial liability of the debt: Collateral (privileges, pledge, mtgage) and personal (and surety insurance guarantee), means conservation of the collateral (subrogation, revocation, seizure, lien), Enfcement generic and in a specific fm. The source of non-contractual obligations: the offense, the unilateral promises and debt instruments, the obligations under the law (management business, unfair, unjust enrichment). Reference texts: PARADISO, Cso di istituzioni di diritto privato, Giappichelli, 2014, chaps. and cresponding to the above program. Syllabus A.A Pagina 2 di 7

3 TORRENTE-SCHLESINGER, Manuale di diritto privato, 21 a edizione, Giuffrè, 2013: chaps. from XVII to XXIV; XLVII ( 417); XLVIII ( from 418 to 420); LI ( from 426 to 431; ); LIV-LV. TURCO, Diritto civile, I, Giappichelli, 2014: chaps. and cresponding to the above program. Please note that insights, given in parts of the text in small font, are optional. MODULE III CONTRACT Contract and bargaining autonomy; contract and unilateral acts. Contract requirements: a) agreement: proposal, acceptance and conclusion of the contract; consensual contracts and real; offer to the public; abnmal fms of conclusion of the contract, membership contracts and "consumer contracts"; pre-contractual liability; b) because: cause and reasons, presupposition, causal abstraction; c) object; d) fm. Condition, term, burden; penalty clause and deposit. Obligations of contracting: contract imposed preliminary option, pre-emptive and conventional legal. Interpretation of the contract. Effects of the contract: contracts to effect real and binding effects; effects between the parties and with respect to third parties; conflicts of ownership between buyers me of the same law; integration and execution of the contract. Other events of the contract: legal representation and voluntary and contract concluded by the representative,, the contract in fav of third parties, assignment of the contract, simulation, trust deed. Validity and invalidity of the contract: nullity and annulment, the consequences of disability between the parties and with respect to third parties. Withdrawal, rescission and termination of the contract. Individual contracts (besides those already mentioned in other parts of the program): sale, rent, lease, mandate, loan, mtgage, donation, franchising, subcontracting. Refernce texts: PARADISO, Cso di istituzioni di diritto privato, Giappichelli, 2014, chaps. and cresponding to the above program. TORRENTE-SCHLESINGER, Manuale di diritto privato, 21 a edizione, Giuffrè, 2013: chaps. from XXV to XXXVIII; XXXIX ( from 358 to 363; 364); XL-XLI; XLIII ( from 384 to 386; 388); XLIV ( 390; 394); XLV ( ); LXXX. TURCO, Diritto civile, I, Giappichelli, 2014: chaps. and cresponding to the above program. Please note that insights, given in tarts of the text in small font, are optional. ** Without prejudice to possible delays of the lessons. ** Topics 1. Concept and characters of the rule of law. Sources of private law. EU sources. Ref. Text Text 1:chaps. 1,2 Text 2: chaps. I,II Text 3: chaps. 1,2 2. The application of the law. * The interpretation of the analogy. * The value of precedent. * Concept of legal relationship. Objective law and individual rights. * Subjective legal situations of advantage disadvantage. *3 Facts and acts. Prescription and decadence. The publicity of legal facts. Transcription. The means test. Texst 1: chaps.: 3,5. Text 2: chaps. III-VI Text 3: chaps. 3,4 Text 1: chaps. 9, Text 2: chaps. IX-XII Text 3: chaps. 3, *4. The subjects of the legal relationship. The persons: legal capacity, capacity to act and its limitations Text 1: chap. 6 Text 2: chap. VII, Text 3: chap. 5 *5. Legal entities. Entities with a profit objective, non-profit ganizations. Legal entities and foundations. Text 1: chap. 7 Syllabus A.A Pagina 3 di 7

4 6. The object of the legal relationship. The notion of good. The classifications of goods. Text 2: chap. VII, Text 3: chap. 6 Text 1: chaps. 8, 13, 14 Text 2: chap. VIII Text 3: chap. 7 *7. The real rights. The property in the Civil Code and the Constitution. Expropriation and compensation. Conditions f the acquisition and protection of property. Text 1: chap. 15 Text 2: chap. XIII Text 3: chap. 9 *8. The typical characteristics of real rights of mins and the new emerging figures. The easements, usufruct and surface. Text 1: chaps. 16, 1, 2, 4-6, 8-13 Text 2: chap. XIV, 144, 145, , Text 3: chap. 10 *9. Possession, holding and protection of possession. Text 1: chaps. 18, 19 Text 2: chap. XVI Text 3: chap. 12 *10. Communion, timeshare and condominium. Text 1: chap. 17 Text 2: chap. XV Text 3: chap. 11 *11. The obligation: concept and characters. Civil obligations and natural. Text 1: chap. 20, 21 Text 2: chap. XVII Text 3: chap. 15 *12. The perfmance. Monetary obligations. The late payment. Text 1: chap. 20 Text 2: chap. XVIII Text 3: chaps. 15, 16 *13. Obligations alternatives. Obligations subjectively complex. Text 1: chap. 23 Text 2: chap. XVIII Text 3: chaps. 16, 17 *14. Exact perfmance. Fulfillment of the third. Subrogation in credit. Ma credendi. Text 1: chap. 24 Text 2: chap. XX Text 3: chap. 18 *15. The breach of the obligations. The default of the debt. The damages. Text 1: chap. 25 Syllabus A.A Pagina 4 di 7

5 Text 2: chap. XXI Text 3: chap. 19 *16. Ways of extinguishing the obligaty relation different from perfmance Text 1: chap. 26 Text 2: chap. XX Text 3: chap. 20 *17. Changes subjective active relationship: assignment of credit and facting. Changes in passive mandaty rept: Delegation of payment and debt assumption and expromission. Text 1: chaps. 27, 51 2 Text 2: chap. XIX Text 3: chap. 17 *18. Credit protection. The collateral generic: revocation action and subrogation. The specific property collateral: mtgage, pledge privilege. New models of the collateral. Text 1: chaps. 28, 29 Text 2: chaps. XXII, XXIII, XXIV Text 3: cap. 14 *19. Guarantees. The guarantee and the new models of the guarantee. Text 1: chaps. 51 3, 4 Text 2: chap. XLVIII Text 3: chap. 32, 316 *20. The freedom of contract. Negotiations and pre-contractual liability: the present case, the legal nature of the interest and compensation f negative and positive. Preliminary and final option, pre-emption. Text 1: chaps. 30, 31 Text 2: chaps. XXV, XXVI, XXX Text 3: chaps. 21, 22 *21. Conclusion of the contract: Proposal-acceptance and further methods of execution of the agreement. Typicalatypical nature of the contract, private autonomy and "new contracts". Text 1: chap. 32 Text 2: chap. XXVI Text 3: chap. 23 *23. The essential elements. Cause "abstract" and "concrete" cause, illegality and lack of cause, circumvention of the law and unlawfulness of the reason. Causes, reasons and assumption. Abstract acts. Clauses accidental. Text 1: chaps. 33, 34 Text 2: chaps. XXVIII, XXXI, XXXII Text 3: chaps. 24, 25 *24. The invalidity of the contract. Text 1: chap. 35 Text 2: chaps. XXXVII, XXXVI, XXVII Text 3: chaps. 27, 31 Syllabus A.A Pagina 5 di 7

6 *25. Effects of the contract between the parties and against third parties. The termination f breach, f impossibility and excessive burden. Simulation. Text 1: chaps. 36, 37, 39 Text 2: chaps. XXXIV, XXXVI, XXXVIII Text 3: chaps. 31, 28 *26. Representation. Assignment of contract. Contract in fav of third parties. Text 1: chap. 38 Text 2: chaps. XXIX, XXXIV Text 3: chaps. 26, 29 *27. Acts of generosity and free. The sale and lease. Text 1: chaps. 54, 47, 48 Text 2: cahps. XXXIX-XLI, XLIII, LXXX Text 3: chap. 32 *28. Contractual liability under art cc: requirements, illegitimacy and illegality, justifications. Classifications of the damage: pecuniary and non-pecuniary, biological damage and existential. Text 1: chap. 41 Text 2: chap. LV Text 3: chap. 33 *29. Direct and indirect responsibility, fault and objective; compensation equivalent and specific perfmance, convergence and divergence of discipline between tt and contract. Text 1: chap. 41 Text 2: chap. LV Text 3: chap. 33 *30. The unilateral promises. The obligations under the law. Text 1: chaps. 40, 42 Text 2: chaps. LI, LIV Text 3: chaps. 34, 35 Topics minimum essential f passing the exam EXAMPLES OF QUESTIONS AND / OR EXERCISES FREQUENTLY 1 The real rights 2 Possession implies title 3 Obligations solidarity and partial 4 Contract s elements Syllabus A.A Pagina 6 di 7

7 5 Resolution 6 Obligation ex lege Minimum knowledge essential f passing the exam: F passing the exam is required, as well as sufficient knowledge of the legal fundamentals of private law, adequate capacity-systematic reconstructive and exhibition, in keeping with the legal terminology: all aimed to demonstrate an adequate understanding of the practical implications of legislation. The final evaluation, expressed by voting, will be proptionately higher because of greater compliance examination of those principles. It is recalled that also constitutes an indispensable tool f the study and the preparation of the systematic consultation of the civil code and related laws. In this regard, we recommend: the Civil Code by A. DI MAJO, Giuffrè, latest edition; : the Civil Code by G. DE NOVA, Zanichelli, latest edition. Syllabus A.A Pagina 7 di 7