30047 - INTRODUCTION TO THE LEGAL SYSTEM - MODULE 1
WBB - BIEF - BIEM
Course taught in English
The course is designed to 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 to property interests, contract law, tort law and insurance law, which are addressed both primarily, 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.
In the last part of the course, emphasis is placed on the rules that govern consumer contracts, focusing in particular - on the implementation of Directive 93/13/EC on unfair terms in consumer contracts, of Directive 2011/83/EU on consumer rights as well as on the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- Introduction: the concepts 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 - the Civil Code - statutes and regulations customs - the role of courts and legal scholars;
- Interpretation of statutory provisions: literal interpretation - extensive interpretation v restrictive interpretation ratio legis - analogy;
- 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 interests: ownership and possession property interests - the action of revendication the action for recovery of possession;
- Topics in the law of obligations: sources exact performance - default - liability ;
- Topics in the law of contracts: enforceability of promises - the concept of ‘agreement’ - contract formation: offer and acceptance essential requirements of contract - pre-contractual duty to inform and pre-contractual liability nullity and annulment of contract vices of will sham contract standard trade terms and unfair terms in consumer contracts - dissolution and termination of contract penalty clause and liquidated damages clause;
- Topics in the law of torts: a comparative overview of different approaches to the law of torts in Europe - the general provision of Section 2043 Civil Code - strict liability v fault-based liability.
Different seminars covering specific topics will be offered during the course.
Optional oral exam.
- GIUDICA, P. ZATTI (ed. by Alessandro P. Scarso), Language and Rules of Italian Private Law. An Introduction, Padua, latest edition.
- Additional readings will be indicated in class.