5134 - PRINCIPLES OF PRIVATE LAW

Class 8

First module - I sem.

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 placing those rules within the general framework of the European context.

Second module - II sem.

The course will focus on how contracts are formed, which contracts are valid, when a contract has been breached and the various remedies for breach, including damages, specific performance, and restitution. Topics will include the rights and remedies provided for consumers under Italian and European law.

The course is designed to analyze compensation at law for private wrongs and intentional wrongs as well as accidents, with principal emphasis on harms to person and property. Special areas such as product liability and defamation will be treated selectively. The underlying assumption of tort law and its social policy objectives will be carefully examinated with particular emphasis on their relationship to recent developments in European tort law.

The course also is intended to encourage the development of skills of issue recognition, analysis, and resolution of legal problems through the application of relevant rules and principles of law.

First module - I sem.

1. General introduction: the notion of "legal system " - the sources of law within the Italian legal system - the law of the Constitution - EU Treaties - (national and local) statutory legislation - 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  

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. 

Second module - II sem.

1. Comprehensive study of the law of contracts, focusing on their formation, enforceability, performance, and breach; 

2. Commercial and consumer law; commercial transactions; consumer protection laws; 

3. Sales law and e-commerce; privacy and contracts in cyberspace; current legal issues raised by internet contracts;  

4. Noncontractual civil liability and remedies based on intentional, negligent, and innocent conduct;  

5. Products liability; actions which can be brought against suppliers of products, specific defenses applicable to each type of complaint;  

6. Policies, doctrines and rules found in the European Contract Law.  

First and second modules - I and II sem.

Excerpt from G. IUDICA, P. ZATTI, Words and rules of Italian private law, (Italian ed. Linguaggio e regole del diritto privato, Cedam, 2000) translated by J. FUNCK, under the editing supervision of S. LIEBMAN.

First and second modules - I and II sem.

Intermediate written test. Final oral examination.