Unit GLOBALIZATION CIVIL LAW

Course
European legal integration and human rights
Study-unit Code
A000263
Location
PERUGIA
Curriculum
In all curricula
Teacher
Maria Rosaria Marella
Teachers
  • Maria Rosaria Marella
Hours
  • 36 ore - Maria Rosaria Marella
CFU
6
Course Regulation
Coorte 2021
Offered
2021/22
Learning activities
Caratterizzante
Area
Giuridico
Academic discipline
IUS/01
Type of study-unit
Obbligatorio (Required)
Type of learning activities
Attività formativa monodisciplinare
Language of instruction
Italian
Contents
The second part (MODULE 2) 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.
Reference texts
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.
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
none
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.
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