Corsi di Studio del Dipartimento di Giurisprudenza

Principles of Private Law (M-Z)

Principles of Private Law (M-Z)

Anno accademico 2023/2024

Sommario insegnamento

• Obiettivi formativi
• Risultati dell'apprendimento attesi
• Programma
• Modalità di insegnamento
• Modalità di verifica dell'apprendimento
• Attività di supporto
• Testi consigliati e bibliografia
• Strumenti didattici
• Scheda del corso

Obiettivi formativi

This course aims at concurring to the general objective of the program in Global Law and Transnational Legal Studies by introducing students to the main categories of private law in the western legal tradition. The objective of the course is that of allowing students to familiarize with the main rules and principles of contract, tort and property law in a comparative perspective and, thus, independently from a specific jurisdiction.

Risultati dell'apprendimento attesi

Expected learning results:

2.1 Knowledge and comprehension: at the end of the course students will have a basic knowledge of the three main institutions of private law in the western legal tradition. In particular, students will be equipped with a knowledge of the principles and rules at the cornerstone of contract, property and tort law both in the civil and in the common law and will be able to highlight and understand the cultural and historical reasons underlying the differences and similarities between the two systems.

2.2 Ability to apply the acquired knowledge: at the end of the course, students will be able to solve simple cases in the domain of contracts, property and tort law as well as to understand the language, context and implications of the rules set forth by the main sources of private law in the western legal tradition (civil codes, statutes and case-law).

2.3 Critical thinking: students will familiarize with the main tools of legal interpretation in the domain of private law and will be able to master them at a basic level. Through in class discussions and case-studies, students will be educated to see the private law implications of many socially important topics (e.g. abortion, surrogacy, euthanasia, climate change, AI etc.)  and to assess their own critical opinion on these topics based on the technical knowledge gained throughout the course.

2.4 Communication skills: at the end of the course students will master the technical jargon of private law and will acquire foundational skills of legal language and technique.

2.5 Ability to build further knowledge: the course will provide students with the basic knowledge necessary to autonomously deepen specific topics of private law in any (national or supranational) jurisdiction belonging to the western legal tradition (e.g. to find and understand the specific legal rule/solution to a specific issue given by a specific national system).

Programma

The course program is composed by five units: 

1) Introductory notions of private law

2) Legal Subjects

3) Contract law

4) Tort law

5) Property law

Modalità di insegnamento

The course will be held through lectures. The lectures will be supported by slides which are accessible by students on the moodle page of the course.

Since communications and materials will be shared through the moodle page, students are required to sign up to it.

Open discussion, active participation and debate is not only welcome but encouraged. Students should feel free to step in with questions and comments at any time and they shall have no fear of committing mistakes. Specific moments will be dedicated, during each class, to open discussion.

All opinions, as long as politely expressed, will be respected by the instructor and must be respected by the whole class: students and professor shall work together to create a safe environment in which everyone shall feel free to express their views. No episode of racism, homophobia, sexism or any other form of violence or discrimination will be tolerated in the class.

5 hours of the course will be dedicated to the group work (see below) and 2 hours to a Q&A session in preparation to the final exam (see below).

Attendance: except from what specified with reference to the group work (see below), attendance is not compulsory. However, since the exam is based on the slides and the notes taken in class, to actively attend classes is highly recommended.

Punctuality: late access to class can be very distractive for both the teacher and the students attending the lecture. This is why a strict punctuality policy will be enforced: all the students are required to come to class on time and no one is allowed to access the class once the lecture has started unless preliminary agreed upon with the professor for exceptional and serious circumstances (e.g. medical examination, concurrent academic commitments etc).

Modalità di verifica dell'apprendimento

Exam:

The exam is divided into two different phases. Both phases of the exam are mandatory.

1. Multichoice written test: the first part of the exam is a multichoice test of 30 questions (each question contains 4 possible answers, only one of which is correct) to be answered in 30 minutes. Each correct answer worths 1 point while each non-given or wrong answer worths 0 points. This part of the exam will assess the learning result stated under point 2.1. Those who get at least 18 points out of 30  in the multichoice, are allowed to access the second phase of the exam.

2. Oral exam: the second part of the exam will consist of an oral examination. During the oral examination, the student will have to answer, discuss and problematize the questions/topics asked/submitted to them by the instructor. Each student will be asked at least two questions on two different topics.The second part of the exam is meant to assess the expected results stated under points 2.2-2.3-2.4.

The final grade will be assessed considering the performance of the student in  both parts of the exam, although the oral exam will be given a higher importance.

To pass the exam students need to get at least 18/30 in both phases of the exam.

Group work: a group work will be organized during the course. The participation to the group work is optional, however those who will take part to the group work can get up to 3 extra points to be added to their final grade. A .pdf containing a detailed explanation as well as the regulation of the group work will be uploaded on moodle within the first two weeks of the course. As detailed in such document t, 5 hours of the course will be dedicated to the group work. Attendance to the classes dedicated to the group work is mandatory for those who decide to take part to it and will be checked. The extra point(s) related to the group work can be granted only when the final grade of the exam is at least 18/30. In other words, the extra point(s) can never be used to reach the grade necessary to pass the exam (e.g. if the final grade is 16/30 and the student took part to the group work and is entitled to +2 points, these 2 points cannot be added to 16 to allow them to reach 18 and pass the exam).

Attività di supporto

Office hour: students are encouraged to contact via email the professor anytime in order to set an appointment to discuss any issue related to the course (clarification of topics which are unclear, study methodology etc).

Mock oral exam: since many non-Italian students are not familiar with oral exams, mock oral exam sessions can be organized throughout the semester upon students’ request.

Q&A: the last class of the course will be dedicated to a Q&A session in preparation to the final exam.

Students with special learning needs: students with certified special learning needs shall feel comfortable and safe in contacting the professor to discuss together, during an office hour, the teaching and exam methodology that better suit their needs.

The program and the study materials are different for attending students and non-attending students.

I) Attending students: 

- P. Sirena, Introduction to Private Law, Il Mulino, third edition, limited to chapters VI - IX - X - XI

and

- slides uploaded on Moodle and notes taken in class

II) Non-attending students:

- P. Sirena, Introduction to Private Law, Il Mulino, third edition (whole book)

and 

- J. Gordley, Foundations of Private Law, Oxford, latest edition (whole book)

Insegnamenti che mutuano questo insegnamento

• Principles of private law (GIU0851B)
  Corsi di Studio del Dipartimento di Giurisprudenza

• Materiale didattico
• Bacheca appelli
• Orario lezioni
• Vai a Moodle
• Registrati a questo insegnamento
• Studenti registrati
• Invia email agli studenti registrati
• Esporta tabella