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Course 2002-2003 a.y.

5025 - INTRODUCTION TO THE LEGAL SYSTEM I


DIEM
Department of Legal Studies


Go to class group/s: 17

Course Head:
STEFANO LIEBMAN

Classes: 17
Instructors:
Class 17: STEFANO LIEBMAN

Introduction to the course:

Main scope of this course is to introduce the student to the principles regulating, under Italian law, the relationships between individuals and between individuals and private groups, such as associations, foundations and companies. Well aware of the transnational - and specifically European - dimension of the issues involved, a specific aim of the lecturer will be the placing of those rules within the general framework of the European context.


Course Content :

 DIEM

  1. General introduction: the notion of "legal system " - Civil law v. Common law systems - the sources of law within the Italian legal system - the law of the Constitution - EU Treaties - (national and local) statutory legislation - judge made law (case law) - the role of legal literature and jurisprudence

  2. The regime of legal entities: individuals and corporations - natural person and corporate entity - eligibility to have rights and eligibility to exercise rights - protection of rights and interests and the system of judical remedies. 

  3. The regime of goods (property): ownership and related situations - real property and its regulation. 

  4. Rudiments of the law of contract: agreement - contracting parties - elements of the contract - interpretation (construction) of the contract - legal enforceability and invalidity of the contract - performance of the contract and breach of the contract - discharge and rescission of the contract- some examples: contract of sale and contract of leasing independent contract and contract of employment carriage insurance. 

  5. Liability in contract and liability in tort: rudiments of the law of torts. 

  6. Business activity: the market and its regulation - the entreprise - insolvency and the law of banckruptcy - rudiments of company law. 

  7. Transfer of assets and liability: rudiments of the law of succession. 


Textbooks:

  • Abridged from G. IUDICA, P. ZATTI, Words and rules of Italian private law, (Italian ed. Linguaggio e regole del diritto privato , Cedam, 2002) translated by J. Funck, under the editing supervision of S. Liebman.


Examinations:

Intermediate written test. Final oral examination.

 

 

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