Unit CIVIL LAW

Course
Law
Study-unit Code
A000016
Location
PERUGIA
Curriculum
In all curricula
Teacher
Maria Rosaria Marella
CFU
15
Course Regulation
Coorte 2017
Offered
2019/20
Type of study-unit
Obbligatorio (Required)
Type of learning activities
Attività formativa integrata

CIVIL LAW MOD. 1

Code A000017
Location PERUGIA
CFU 9
Teacher Maria Rosaria Marella
Learning activities Base
Area Privatistico
Academic discipline IUS/01
Type of study-unit Obbligatorio (Required)

Cognomi A-L

CFU
9
Teacher
Maria Rosaria Marella
Teachers
  • Maria Rosaria Marella
Hours
  • 54 ore - Maria Rosaria Marella
Language of instruction
Italian
Contents
The course explores the structures of two fundamental partitions of civil law,
with the aim of capturing the constant and evolutionary trends.
The first part (MODULE 1) will be devoted to the relationship between property
and possession, as well as the relationship between the nascent statute of
Commons and the dominant paradigm of property and the current legal status of
goods.

In the second part (MODULE 2) it is intended to analyse two different trends
within family law: on the one hand, the process of contractual relations between
spouses and partners, on the other hand the affirmation of a model based on the
status and the rights corresponding to them.
Reference texts
The program applies both to students who have to take the 13 CFU exam, and to
those who are required/ to 15 CFU:
A. Gambaro, La proprietà, in Trattato Iudica-Zatti, Milano, Giuffrè, 2017.
M.R. Marella (cur.), Oltre il pubblico e il privato. Per un diritto dei beni comuni,
Verona, Ombre Corte, 2012.
M.R. Marella e G. Marini, Di cosa parliamo quando parliamo di famiglia, Roma-
Bari, Laterza, 2014.
M.R. Marella, Il diritto di famiglia neoliberale, Jovene, 2020.
Educational objectives
The course aims to offer a critical look at the topics in question, inviting students
to analyze the distributive effects produced by the rules and institutions
considered beyond the institutional data, the knowledge of which remains
essential for the understanding of the program.
Prerequisites
In order to understand and deal with the course, it is important that the student,
attending or not attending, master the fundamental institutions of private law.
Teaching methods
The course aims to be an opportunity for learning, but also for comparison and
discussion: it is divided into lectures and seminars for in-depth study as well as
exercises in drafting laws.
Other information
ATTENDING STUDENTS the program will
be agreed with the Professor at the beginning of the lessons.
Learning verification modality
The exam consists of an oral exam. The questions relate to the program
indicated, having regard to the knowledge of the subject, the ability to critical
reasoning, the logic of the argument and the learning of the methodology of legal
science.
Extended program
The course is divided into the following thematic areas:
- Ownership and possession (1st semester)
- The new frontiers of family law (second half of the year)
I.1. Ownership and possession
Ownership in the code civil and in the Italian civil code in force
Ownership in the Italian Constitution and jurisprudence of the Italian
Constitutional Court
The de facto relations between man and things
The circumstances of the case
Possession Injuries and Possessor RemediesI.2. Commons or not-property
From collective ownership to state property
The genealogy of the municipality
The question of Commons in the current system: taxonomy and legal status
In particular: The Metropolis and living: the right to housing and urban public
space. Their qualification in terms of the Commons in contrast with the different
forms of dispossession to which the city and urban space are exposed (regulation
of urban property, enclosure of public space, urban segregation, gentrification,
street art and artistic production as a common good). Food as a common good.
II. Family law as a governing device
The speciality of family law
The family from status to contract
Marriage and other forms of marriage
Private autonomy in regulating relationships between spouses and partners
Parent-child relationships and child status
Parenting and procreation techniques
The family from contract to status
The family in European law
The family in the post-colonial perspective

Cognomi M-Z

CFU
9
Teacher
Maria Rosaria Marella
Teachers
  • Maria Rosaria Marella
Hours
  • 54 ore - Maria Rosaria Marella
Language of instruction
Italian
Contents
The course explores the structures of two fundamental partitions of civil law,
with the aim of capturing the constant and evolutionary trends.
The first part (MODULE 1) will be devoted to the relationship between property
and possession, as well as the relationship between the nascent statute of
Commons and the dominant paradigm of property and the current legal status of
goods.

In the second part (MODULE 2) it is intended to analyse two different trends
within family law: on the one hand, the process of contractual relations between
spouses and partners, on the other hand the affirmation of a model based on the
status and the rights corresponding to them.
Reference texts
The program applies both to students who have to take the 13 CFU exam, and to
those who are required/ to 15 CFU:
A. Gambaro, La proprietà, in Trattato Iudica-Zatti, Milano, Giuffrè, 2017.
M.R. Marella (cur.), Oltre il pubblico e il privato. Per un diritto dei beni comuni,
Verona, Ombre Corte, 2012.
M.R. Marella e G. Marini, Di cosa parliamo quando parliamo di famiglia, Roma-
Bari, Laterza, 2014.
M.R. Marella, Il diritto di famiglia neoliberale, Jovene, 2020.
Educational objectives
The course aims to offer a critical look at the topics in question, inviting students
to analyze the distributive effects produced by the rules and institutions
considered beyond the institutional data, the knowledge of which remains
essential for the understanding of the program.
Prerequisites
In order to understand and deal with the course, it is important that the student,
attending or not attending, master the fundamental institutions of private law.
Teaching methods
The course aims to be an opportunity for learning, but also for comparison and
discussion: it is divided into lectures and seminars for in-depth study as well as
exercises in drafting laws.
Other information
ATTENDING STUDENTS the program will
be agreed with the Professor at the beginning of the lessons.
Learning verification modality
The exam consists of an oral exam. The questions relate to the program
indicated, having regard to the knowledge of the subject, the ability to critical
reasoning, the logic of the argument and the learning of the methodology of legal
science.
Extended program
The course is divided into the following thematic areas:
- Ownership and possession (1st semester)
- The new frontiers of family law (second half of the year)
I.1. Ownership and possession
Ownership in the code civil and in the Italian civil code in force
Ownership in the Italian Constitution and jurisprudence of the Italian
Constitutional Court
The de facto relations between man and things
The circumstances of the case
Possession Injuries and Possessor RemediesI.2. Commons or not-property
From collective ownership to state property
The genealogy of the municipality
The question of Commons in the current system: taxonomy and legal status
In particular: The Metropolis and living: the right to housing and urban public
space. Their qualification in terms of the Commons in contrast with the different
forms of dispossession to which the city and urban space are exposed (regulation
of urban property, enclosure of public space, urban segregation, gentrification,
street art and artistic production as a common good). Food as a common good.
II. Family law as a governing device
The speciality of family law
The family from status to contract
Marriage and other forms of marriage
Private autonomy in regulating relationships between spouses and partners
Parent-child relationships and child status
Parenting and procreation techniques
The family from contract to status
The family in European law
The family in the post-colonial perspective

CIVIL LAW MOD. 2

Code A000018
Location PERUGIA
CFU 6
Teacher Maria Rosaria Marella
Learning activities Base
Area Privatistico
Academic discipline IUS/01
Type of study-unit Obbligatorio (Required)

Cognomi A-L

CFU
6
Teacher
Maria Rosaria Marella
Teachers
  • Maria Rosaria Marella
Hours
  • 36 ore - Maria Rosaria Marella
Language of instruction
Italian
Contents
In particular, we intend to analyze two different trends within family law: on the one hand, the process of contractualising relations between spouses and partners, on the other, the affirmation of a model based on the status and rights corresponding to them.
Reference texts
M.R. Marella e G. Marini, Di cosa parliamo quando parliamo di famiglia, Roma-Bari, Laterza, 2014.
M.R. Marella, Il diritto di famiglia neoliberale, Jovene, being published.
Educational objectives
The course aims to develop a critical approach to the issues,
inviting students to analyse the distributional effects of the standards and institutions
considered beyond the institutional data. However, the knowledge of the institutions
remains fundamental to the understanding of the programme.
Prerequisites
Al fine di poter comprendere ed affrontare il corso, è importante che lo studente, frequentante o non frequentante, padroneggi gli istituti fondamentali del diritto privato.
Teaching methods
The course will be an opportunity for learning, but also for comparison
and discussion: it is divided into lectures and in-depth seminars as well as drafting
exercises of laws.
Other information
RECEPTION OF PROFESSORS' STAFF:
Dr. Maurizio Di Masi, receives by appointment by email
dimasimaurizio@gmail.com
Dr.ssa Sveva Stancati, receives by appointment via e-mail
svevastancati@hotmail.it
Dr. Giovanni Landi, receives by appointment via email giovannilandi@hotmail.it
Dr. Francesco Micillo, receives by appointment via email
micillo-francesco@virgilio.it
Learning verification modality
The exam consists of an oral exam. The questions relate to the program
indicated, having regard to the knowledge of the subject, the ability to critical
reasoning, the logic of the argument and the learning of the methodology of legal
science.
Extended program
Family law as a governing device
The speciality of family law
The family from status to contract
Marriage and other forms of marriage
Private autonomy in regulating relationships between spouses and partners
Parent-child relationships and child status
Parenting and procreation techniques
The family from contract to status
The family in European law
The family in the post-colonial perspective

Cognomi M-Z

CFU
6
Teacher
Maria Rosaria Marella
Teachers
  • Maria Rosaria Marella
Hours
  • 36 ore - Maria Rosaria Marella
Language of instruction
Italian
Contents
In particular, we intend to analyze two different trends within family law: on the one hand, the process of contractualising relations between spouses and partners, on the other, the affirmation of a model based on the status and rights corresponding to them.
Reference texts
M.R. Marella e G. Marini, Di cosa parliamo quando parliamo di famiglia, Roma-Bari, Laterza, 2014.
M.R. Marella, Il diritto di famiglia neoliberale, Jovene, being published.
Educational objectives
The course aims to develop a critical approach to the issues,
inviting students to analyse the distributional effects of the standards and institutions
considered beyond the institutional data. However, the knowledge of the institutions
remains fundamental to the understanding of the programme.
Prerequisites
Al fine di poter comprendere ed affrontare il corso, è importante che lo studente, frequentante o non frequentante, padroneggi gli istituti fondamentali del diritto privato.
Teaching methods
The course will be an opportunity for learning, but also for comparison
and discussion: it is divided into lectures and in-depth seminars as well as drafting
exercises of laws.
Other information
RECEPTION OF PROFESSORS' STAFF:
Dr. Maurizio Di Masi, receives by appointment by email
dimasimaurizio@gmail.com
Dr.ssa Sveva Stancati, receives by appointment via e-mail
svevastancati@hotmail.it
Dr. Giovanni Landi, receives by appointment via email giovannilandi@hotmail.it
Dr. Francesco Micillo, receives by appointment via email
micillo-francesco@virgilio.it
Learning verification modality
The exam consists of an oral exam. The questions relate to the program
indicated, having regard to the knowledge of the subject, the ability to critical
reasoning, the logic of the argument and the learning of the methodology of legal
science.
Extended program
Family law as a governing device
The speciality of family law
The family from status to contract
Marriage and other forms of marriage
Private autonomy in regulating relationships between spouses and partners
Parent-child relationships and child status
Parenting and procreation techniques
The family from contract to status
The family in European law
The family in the post-colonial perspective
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