Unit CIVIL LAW

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

Andrea Orestano

Teachers

• Andrea Orestano

Hours

• 54 ore - Andrea Orestano

Language of instruction

Italian

Contents

The law of obligations and contracts. The obligatory relationship and the contract in general.

Reference texts

F. Gazzoni, Obbligazioni e contratti, ESI, Napoli, ult. ed.;
A. di Majo, Obbligazioni e tutele, Giappichelli, Torino, 2019;
A. Orestano, Le promesse unilaterali, in Tratt. Cicu-Messineo, Giuffrè, Milano, 2019;
A. Orestano (a cura di), Lezioni sul contratto, Giappichelli, Torino, 2009.

Educational objectives

Acquisition of advanced knowledge in bond law and contract law.

Prerequisites

Good knowledge of private law.

Teaching methods

Lectures and seminars (dedicated to insights of a juriprudential nature). Practical exercises.

Other information

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Learning verification modality

Oral examination.

Extended program

I. BONDS IN GENERAL.
Structure and characteristics of the obligation; the fees of diligence and good faith in the obligation; the typical types of obligations; the vicissitudes of the mandatory relationship: objective and subjective changes; fulfilment and default; financial liability.
Particular attention to the forms of protection of the obligation: the real and mandatory protection; the protection in a specific form; debt and assets in the obligation; the economic crisis of the debtor as a contingency.
Finally, the means of preserving the asset guarantee.
II. NON-CONTRACTUAL SOURCES OF OBLIGATIONS.
The lawful acts and facts.
The obligations deriving from unilateral promises. The illegal acts. The bonds.
III. THE CONTRACT IN GENERAL.
Contract and shop; the sources of the contractual settlement;the essential and accidental elements of the contract (with particulat details on: the agreement, the cause, the object, the form, the general clauses in the time of the flexible right). Assignment, representation, and contract per person to be appointed; main rules governing the contractual hermeneutics.
The vices of will; the simulation. Invalidity, ineffectiveness, nullity and voidability; termination and resolution (assumptions, effects, and damage from termination).
Particular attention to the system of contractual safeguards in the remedial perspective: rules of validity and liability; liablity and warranty; implementation of the contract because of remedies; contractual damage.

Cognomi M-Z

CFU

9

Teacher

Andrea Sassi

Teachers

• Andrea Sassi

Hours

• 54 ore - Andrea Sassi

Language of instruction

Italian

Contents

The first module, of 9 credits, will be dedicated to the most relevant pathologies and problems concerning the ascertainment of the status of a child and the relationships between parents and children, also with reference to inheritance rights and participation in the succession.
The second module, of 6 credits, will deepen the civil issues arising from the application of the principle of causality in property law and the use of new technologies. In particular, it will focus on the various legal instruments for the transmission of wealth also in the family environment, as well as on respect for the fundamental rights of the person in the digital field.

Reference texts

The student will be able to deepen the topics covered by the course on the following texts:
For the first module: A. Sassi, F. Scaglione, S. Stefanelli, Filiation and minors, in Tratt. dir. civ. directed by R. Sacco, 2nd ed., Utet, Turin, 2018, with specific reference to the chapters: I-I, I-III, I-IV §§ 1-4, I-V, I-VI, II-I, II-III , II-IV and II-V. For further information on the general part of succession law and for the second module, readings will be indicated during the course.
It is always necessary to accompany the study of the texts with the analysis of the regulatory sources through the use of the updated Civil Code, in a text that also includes the Constitution, the European legislation and the main complementary laws (e.g. the one by Perlingieri , Angelone, Esi).

Educational objectives

The course aims to address some of the most topical problems in the study of civil law, also in view of post-graduate studies and the related competition / exam tests.

Prerequisites

Teaching methods

Lectures, application seminars, examination of practical cases.

Other information

---

Learning verification modality

Oral examination.

Extended program

The first module will be divided into two parts. The first will be dedicated to ascertaining the branch relationship with particular reference to those cases characterized by the use of jurisdiction, both in the establishment phase and in the subsequent check on the existence of the conditions of the relationship; it will have as its object: birth declarations and deeds of parental responsibility; state actions; identifying characters and knowledge of biological origins; substantive and procedural capacity of the minor. In the second part, after an introduction to the law of succession, the legal positions of parents and children will be examined in depth in the light of recent reforms, with reference to the ability to succeed and exclusion from succession following facts or behaviors including of criminal relevance.
The second module will also be divided into two parts. The first, in continuity with the first module, will deal with the transmission also mortis causa of wealth (with particular reference to family wealth) and ancillary legal instruments, in light of the principle of concrete causality; the second will be dedicated to: informed consent, protection of personal data and IT security; succession in digital heritage; artificial intelligence and predictive justice.

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

Andrea Orestano

Teachers

• Andrea Orestano

Hours

• 36 ore - Andrea Orestano

Language of instruction

Italian.

Contents

Unilateral promises.

Reference texts

F. Gazzoni, Obbligazioni e contratti, ESI, Napoli, ult. ed.;
A. di Majo, Obbligazioni e tutele, Giappichelli, Torino, 2019;
A. Orestano, Le promesse unilaterali, in Tratt. Cicu-Messineo, Giuffrè, Milano, 2019;
A. Orestano (a cura di), Lezioni sul contratto, Giappichelli, Torino, 2009.

Educational objectives

Acquisition of advanced knowledge in the field of unilateral promises.

Prerequisites

Good knowledge of private law.

Teaching methods

Lectures and seminars (dedicated to insights of a jurisprudential nature). Practical exercises.

Other information

---

Learning verification modality

Oral examination.

Extended program

Particular attention should be paid to the obligations arising from unilateral promises.
The principle of typical promises: from the Roman tradition to the current codicistic regime. Agreement and unilateral promise (especially: the "vestimenta" of the promise and the entrustment of the commissioner). The atypical unilateral promises and art. 1987 of italian civil code (especially: art. 1987 of italian civil code as a norm containing the provision of abstract schemes; the case of art. 1333 of italian civil code and the criteria of distinction with respect to unilateral promises). Unilateral promises in relation to the area of courtesy and that of exchange: gratuitousness, liberality and exchage not mediated by consensus. Recognition of debt and promise of payment (with focus on the procedural perspective). The promise to the public.

Cognomi M-Z

CFU

6

Teacher

Andrea Sassi

Teachers

• Stefania Stefanelli (Codocenza)
• Andrea Sassi

Hours

• 18 ore (Codocenza) - Stefania Stefanelli
• 18 ore - Andrea Sassi

Language of instruction

Italian.

Contents

The first module, of 9 credits, will be dedicated to the most relevant pathologies and problems concerning the ascertainment of the status of a child and the relationships between parents and children, also with reference to inheritance rights and participation in the succession.
The second module, of 6 credits, will deepen the civil issues arising from the application of the principle of causality in property law and the use of new technologies. In particular, it will focus on the various legal instruments for the transmission of wealth also in the family environment, as well as on respect for the fundamental rights of the person in the digital field.

Reference texts

The student will be able to deepen the topics covered by the course on the following texts:
For the first module: A. Sassi, F. Scaglione, S. Stefanelli, Filiation and minors, in Tratt. dir. civ. directed by R. Sacco, 2nd ed., Utet, Turin, 2018, with specific reference to the chapters: I-I, I-III, I-IV §§ 1-4, I-V, I-VI, II-I, II-III, II-IV and II-V. On the part of succession law: A. Sassi, Causalità e devoluzioni successorie, Ali&eno, Perugia, 2023. For further information on the part of Technology, readings will be indicated during the course.
It is always necessary to accompany the study of the texts with the analysis of the regulatory sources through the use of the updated Civil Code, in a text that also includes the Constitution, the European legislation and the main complementary laws (e.g. the one by Perlingieri , Angelone, Esi).

Educational objectives

The course aims to address some of the most topical problems in the study of civil law, also in view of post-graduate studies and the related competition / exam tests.

Prerequisites

Teaching methods

Lectures, application seminars, examination of practical cases.

Other information

---

Learning verification modality

Oral examination.

Extended program

The first module will be divided into two parts. The first will be dedicated to ascertaining the branch relationship with particular reference to those cases characterized by the use of jurisdiction, both in the establishment phase and in the subsequent check on the existence of the conditions of the relationship; it will have as its object: birth declarations and deeds of parental responsibility; state actions; identifying characters and knowledge of biological origins; substantive and procedural capacity of the minor. In the second part, after an introduction to the law of succession, the legal positions of parents and children will be examined in depth in the light of recent reforms, with reference to the ability to succeed and exclusion from succession following facts or behaviors including of criminal relevance.
The second module will also be divided into two parts. The first, in continuity with the first module, will deal with the transmission also mortis causa of wealth (with particular reference to family wealth) and ancillary legal instruments, in light of the principle of concrete causality; the second will be dedicated to: informed consent, protection of personal data and IT security; succession in digital heritage; artificial intelligence and predictive justice.