ID:
TP01
Tipo Insegnamento:
Obbligatorio
Durata (ore):
36
CFU:
6
SSD:
DIRITTO PRIVATO
Url:
GIURISPRUDENZA/DIRITTO INTERNAZIONALE Anno: 4
Anno:
2023
Dati Generali
Periodo di attività
Primo Semestre (11/09/2023 - 02/12/2023)
Syllabus
Obiettivi Formativi
The course aims at:
• Providing knowledge on the fundamental concepts of civil law and an analytical toolbox on the analysis of its rules and principles
• Deepening the knowledge on the Italian civil law system and its development, with special emphasis on the actual multilevel sources of law (national, international and European law)
• Investigating the interrelation between rules and principles within the private relationships, with a particular attention to legislation and jurisprudence
• Providing knowledge on the fundamental concepts of civil law and an analytical toolbox on the analysis of its rules and principles
• Deepening the knowledge on the Italian civil law system and its development, with special emphasis on the actual multilevel sources of law (national, international and European law)
• Investigating the interrelation between rules and principles within the private relationships, with a particular attention to legislation and jurisprudence
Prerequisiti
Pre-requisite: Private Law
Metodi didattici
Frontal lectures and open debates in the class are envisaged in the teaching course. Critical discussion on selected topics, based on handbook, slides, scientific articles and other materials provided by the Professor.
Verifica Apprendimento
The assessment of students will take place, during the course, through test administered on a weekly basis, an oral midterm test and at the end of the course, through an oral exam expressed in thirtieths.
Weekly tests weigh 20% on the final grade and concern arguments treated in the class the week before. The grade is expressed in thirtieths. A correct answer to each multiple-choice question gives a score equal to 1 (if no answer is given, or if the answer is incorrect, for that question no score will be awarded).
The oral-midterm test weighs 40% on the final grade and concerns the optional theme choosen by the student and approved by the Professor. The presentation is given in teams of three students or individuals. Presentation is followed by a Q&A session. The grade is expressed in thirtiethsand includes the performance of each student as well as the performance of the whole team. Presentations are assessed according to the selection of the contents, the sequence in which they are presented, the clarity in the speech, the accuracy in the sources and the references, the originality of the presentation.
During the final oral exam (weight of 40%) the student will be required to show that he/she knows and understands notions and principles of civil law and that he/she is able to apply them to practical cases. The student is expected to be able to independently analyze sources and relevant theories of civil law and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the matter.
In order to assess the level of preparation of the student, the following evaluation criteria will be jointly taken into account: knowledge and understanding of the fundamental notions of civil law and ability to apply them to concrete cases (50%); appropriate use of the technical and legal vocabulary (30%); ability to analyze and evaluate relevant sources and acquisition of the study method (20%).
The student's ability to critically analyze the rules of civil law and to frame them systematically will be positively evaluated.
Learning gaps concerning one or more notions or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.
Conversely, a particularly brilliant performance will be awarded full marks with honors.
Weekly tests weigh 20% on the final grade and concern arguments treated in the class the week before. The grade is expressed in thirtieths. A correct answer to each multiple-choice question gives a score equal to 1 (if no answer is given, or if the answer is incorrect, for that question no score will be awarded).
The oral-midterm test weighs 40% on the final grade and concerns the optional theme choosen by the student and approved by the Professor. The presentation is given in teams of three students or individuals. Presentation is followed by a Q&A session. The grade is expressed in thirtiethsand includes the performance of each student as well as the performance of the whole team. Presentations are assessed according to the selection of the contents, the sequence in which they are presented, the clarity in the speech, the accuracy in the sources and the references, the originality of the presentation.
During the final oral exam (weight of 40%) the student will be required to show that he/she knows and understands notions and principles of civil law and that he/she is able to apply them to practical cases. The student is expected to be able to independently analyze sources and relevant theories of civil law and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the matter.
In order to assess the level of preparation of the student, the following evaluation criteria will be jointly taken into account: knowledge and understanding of the fundamental notions of civil law and ability to apply them to concrete cases (50%); appropriate use of the technical and legal vocabulary (30%); ability to analyze and evaluate relevant sources and acquisition of the study method (20%).
The student's ability to critically analyze the rules of civil law and to frame them systematically will be positively evaluated.
Learning gaps concerning one or more notions or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.
Conversely, a particularly brilliant performance will be awarded full marks with honors.
Testi
1. Sirena, P. (2021). Introduction to Private Law (third ed.). Il Mulino.
2. Filograno, G.R. (2021). Private Law. Notes on the Italian System (first ed.). ESI.
3. Civil code updated to 2023 (recommended)
2. Filograno, G.R. (2021). Private Law. Notes on the Italian System (first ed.). ESI.
3. Civil code updated to 2023 (recommended)
Contenuti
The course analyzes the complex Italian civil law in the European framework of reference, as a complex social phenomenon interacting with human culture as a whole and its history. Notably, in the first part, the rise of a European law is accounted for not only within the framework of the Union but also through the development of a rediscovered ius commune that has emerged from comparative studies conducted by scholars and from the dialogue among national and international courts. Traditional doctrines regarding juridical facts and rights are presented as analytical tools, aimed to construct a jurisprudence that extends beyond national borders. The second part covers the most important areas of the civil law (i.e. property and real rights, obligations and contracts, family and succession), seeking to adequately explain the principles and rules of greatest interest within a unitary framework and consistent with the fundamental values of the constitutional legal system.
Risultati di Apprendimento Attesi
Knowledge and understanding:
the student – through course attendance and practical activities – will gain full knowledge of the general categories of civil law and concepts of the civil code, also in the light of the supranational regulatory framework (in particular, the European one).
Applying knowledge and understanding:
the student, by learning the theory and the appropriate legal method, will be able to interpret and apply, also to cases, principles and concepts of civil law. The student will be able to compare these principles with those established at the supranational level.
Making judgements:
the student, by making use of the appropriate methods learned during the course, will be able to collect data and materials to analyze the relevant provisions, case law as well as scholars’ approaches related to civil law. The student will gain the ability to evaluate such data independently and to make critical judgements on their application to practical cases.
Communication skills:
at the end of the course the student will be able to use the legal and technical language of civil law, addressing the legal issues at hand with terminological accuracy. Through the various activities that will take place during the course – lessons with discussion, exercises, debates – the student will be able to put these communication skills into practice in various contexts, by adapting the terms used to the interlocutor in the specific case, thus gaining advanced rhetorical skills necessary for his/her professional career.
Learning skills:
the technical and legal knowledge gained during the course will allow the student to independently understand and interpret regulatory changes, new case law and scholars’ approaches related to civil law. The student will develop a solid knowledge of the fundamental aspects of the matter that will allow him/her to carry on also independently further study as well as to undertake different postgraduate training activities.
the student – through course attendance and practical activities – will gain full knowledge of the general categories of civil law and concepts of the civil code, also in the light of the supranational regulatory framework (in particular, the European one).
Applying knowledge and understanding:
the student, by learning the theory and the appropriate legal method, will be able to interpret and apply, also to cases, principles and concepts of civil law. The student will be able to compare these principles with those established at the supranational level.
Making judgements:
the student, by making use of the appropriate methods learned during the course, will be able to collect data and materials to analyze the relevant provisions, case law as well as scholars’ approaches related to civil law. The student will gain the ability to evaluate such data independently and to make critical judgements on their application to practical cases.
Communication skills:
at the end of the course the student will be able to use the legal and technical language of civil law, addressing the legal issues at hand with terminological accuracy. Through the various activities that will take place during the course – lessons with discussion, exercises, debates – the student will be able to put these communication skills into practice in various contexts, by adapting the terms used to the interlocutor in the specific case, thus gaining advanced rhetorical skills necessary for his/her professional career.
Learning skills:
the technical and legal knowledge gained during the course will allow the student to independently understand and interpret regulatory changes, new case law and scholars’ approaches related to civil law. The student will develop a solid knowledge of the fundamental aspects of the matter that will allow him/her to carry on also independently further study as well as to undertake different postgraduate training activities.
Criteri Necessari per l'Assegnazione del Lavoro Finale
Interest for the discipline
Active participation to the classes
Quality and relevance of the proposed topics
Active participation to the classes
Quality and relevance of the proposed topics
Corsi
Corsi
GIURISPRUDENZA
Laurea Magistrale Ciclo Unico 5 Anni
5 anni
No Results Found
Persone
Persone
Altro personale docente
No Results Found