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At the end of the course the student will be able to:

. Illustrate the general principles and rules of the Italian private law in a European and International perspective

. Describe the relevant issues related to European private law

. Identify the main problems in private law regarding obligations, contracts, tort, property, family law and succession law

. Explain the impact that legal rules produce on the market and society

. Develop the ability to rework principles and rules of private law, and ability to apply such knowledge to specific cases.

. Develop of the ability to effectively communicate and discuss (in English) topics of private law.

. Apply of the hermeneutic criteria of reasonableness to the 'concrete case'.

. The course will be held exclusively in English. For students not enrolled in the IECoLS Course, is required a minimum level of English knowledge equal to B2.

. Sources of law and legal interpretation. Society and human behaviour. Law and legal system. Law and jurisprudence. Legal language. Norms. Rules and principles. Italian constitution, civil code, European law and international law. The principle of constitutional legality and hermeneutical criteria. The impact of constitutional principles on private law. The conflicts of norms (antinomies) and resolution criteria for antinomies.

. Juridical facts/acts and effects. Subjective legal situation and the legal relationship. Natural persons. Legal capacity, capacity to act, natural capacity. Legal persons. Associations, foundations, committees.

. Property rights. Ownership. Possession. Original acquisition of property and derivative acquisition of property. Limited real rights. Actions 'in rem'.

. Obligations: contractual relationships and extra-contractual relationships. Obligation in general. Notion, structure and features. Relationship between debtor and creditor situation. Sources. Extra-contractual relationships (obligations). Legal promises. "Negotiorum gestio". Contractual relationships. Undue payment. Unjust enrichment. Natural obligations. Divisible and indivisible obligation. Presumption for joint and several liability. Fulfilment and various methods for extinguishing the obligation. Subjective and objective modifications of the obligation.

. Contractual relationships (contractual obligations). Essential elements of the contract. Agreement, contracting parties, object, 'causa', form. Freedom of contract and limits. Preliminary agreement and its effects. Option and pre-emption. Consumer protection. Fulfilment and non-fulfilment of the contract. Regulation of interests and interpretation of the contract. Principles of proportionality, adequacy and reasonableness. Validity and effectiveness of the contract. Conditions, terms and termination of the contract. Invalidity of the contract. Voidness and Voidability. 'Rescissione'.

. Principles of civil liability. Pre-contractual liability (Negotiation). Contractual liability. Extra-contractual liability (Torts). Joint and several liability.

. Family Law and Succession Law. The concept of marriage in the civil code. Unmarried couple, registered partnerships and same-sex couple. Divorce and separation. Constitutional principles and family relations. Filiation. Child protection. Effect of death. Succession "ab intestato" (intestate succession) and will. Inheritance and legacy.

New technologies and private law: smart contracts, blockchain, non fungible tokens, Artificial Intelligence.

• 1. (A) G. Iudica, P. Zatti, Language and rules of Italian Private Law, Wolters Kluwer-Cedam, 2020; Cap. 1-22 (incluso) e 27-28 (incluso).
• 2. (A) G. Alpa, M. Andenas, European private law, Pacini giuridica, 2022, Cap. 1-8 (incluso.)
• 3. (C) G. Vulpiani, Non fungible tokens: an Italian Private law perspective, The Italian law journal, 2023, pp. 363-387.

The program of the course is the same for attending and not-attending students.

Teaching materials discussed in class will be available on the Teams page of the course.

The course is held entirely in English.

• . Face to face lectures

  . Case studies that will be illustrated and discussed in class.

  . Guest speaker's talk (in class or on line)

  . Interactive class activities (i.e. lab) to discuss and experience the most important topics.

  The subject of the course is addressed through a cooperative dialogue between the teacher and the students.

• . Oral exam.

  . Oral exam ensures an effective evaluation of student's ability to illustrate the general principles and rules applicable to the most important topics of the Italian private law in the European and international context. The exam will include also a short case, aimed to assess student's ability to apply the current framework to protect the fundamental rights of the person.

  . The evaluation criteria are: knowledge and understanding of texts (25%), ability to link (25%), ability to argue 25%), ability to apply knowledge (25%).

The course is held exclusively in English

English