Private Law 2015/2016

The course will offer a comprehensive introduction primarily to the fundamentals of Italian civil law within the broader framework of European legal culture.  After a brief discussion of the main legal principles and the relevant sources of law, the course deals with several issues related private law in a domestic and comparative perspective. Starting from the rules governing Italian law, the selected topics are addressed in a broader European perspective, taking into account the influence of EU's legislation, as well as the most recent developments in the progressive harmonization and unification of European private law.  Special areas of focus:

• General introduction: the notions of legal rule and legal system - a comparative approach to legal systems: common law, civil law and beyond - the sources of law within the Italian legal system - the Constitution - EU and EC Treaties - Community legislation - the Civil Code - statutes and regulations - the role of courts and legal scholars.
• Natural persons and legal entities - rights and remedies - the enforcement of rights and other protected interests in court - the procedural perspective - limitation of action.
• Topics in the law of property: ownership and possession - basic elements.
• Topics in the law of obligations: sources - performance - default - excuses - liability - remedies.
• Topics in the law of contracts: enforceability of promises - the notion of agreement - nominate and innominate contracts - requisites of the contract - contract formation: offer and acceptance - pre-contractual duty to inform - liability for breaking off negotiations - contract interpretation (construction) - default rules and mandatory rules - invalidity - performance - breach - excuses - termination - remedies - the Principles of European Contract Law (PECL).

Topics in the law of torts: a comparative overview of different approaches to the law of torts in Europe - the general provision of article 2043 c.c. - strict liability vs. negligence - wrongfulness - causation - compensation - damages - joint and several liability - vicarious liability - environmental liability - products liability.