Course 2016-2017 a.y.

Go to class group/s: 15 - 16 - 17 - 18 - 21 - 22 - 24

WBB (6 credits - I sem. - OB  |  IUS/01) - BIEF (6 credits - I sem. - OBBC  |  IUS/01) - BIEM (6 credits - I sem. - OBBC  |  IUS/01)

Course Director:
PIETRO SIRENA

Course Objectives

The course aims at sketching the basic features of private law in the Western legal tradition, moving from its general concepts and, afterwards, mapping national legal orders and the perspective of their Europeanization. Historical backgrounds and economic implications of principles and rules of private law are discussed as well. In this framework, the Italian civil code is taken into consideration as a compromise between the French and the German model and, therefore, as a possible paradigm for further developments of European private law. The course includes an overall analysis of the essential branches of private law, thus designing the architecture and the table of contents of a possible European civil code.

Course Content Summary

General part:

• The key-concept of the Western legal tradition. Law. Principles and rules. Legal order.
• Civil law and common law. Legacy of Roman law. National laws and European law.
• The divide between private and public law. The sources.
• Hard law and soft law.

Special part:

• Natural persons and legal entities.
• Contracts.
• Torts and unjustified enrichment.
• Property.
• Family.
• Wills and inheritance.

Detailed Description of Assessment Methods

Students attending classes shall take two written tests, based on multiple choice questions: one partial, the other final. Marks will be out of 30.
Who passes through both written tests (i.e., gets 18/30 or above for each of them), shall register the final grade (i.e., the average between the two), unless she/he intends to waive the marks of both written test. In the latter case, an oral exam is to be taken and its mark shall be registered as the final grade, without regarding the written tests.
Who fails both written tests or one of them, shall take an oral exam, about the whole or, respectively, a half of the course. In the latter case, as final grade shall be registered the average between the mark of the written test passed through and that of the oral exam. In the former case, as final grade shall be registered the mark of the oral exam.
In any case, participation to a group assignment, consisting of a paper and an oral presentation, will grant students attending classes an increase of 2 out of 30.

Textbooks

Materials will be delivered during classes and made available through the Bocconi portal of e-learning. References of literature will be recommended for an in-depth knowledge of the discussed topics

For students not attending classes:

• G. IUDICA, P. ZATTI (ed. by A. SCARSO), Language and Rules of Italian private Law. An Introduction, Padua, latest edition.

Exam textbooks & Online Articles (check availability at the Library)

Last change 13/06/2016 12:48