Good knowledge of the basic features of Italian civil law.
The course aims to give the student a thorough knowledge of contract law. The student will also have to: a) Acquire the ability to verify the application of legal rules to decisions taken in concrete cases through critical analysis of case law; b) develop a self-sufficient ability to deepen the institutes even in the light of the contributions offered by the doctrine.
The course aims to deepen the knowledge of the normative and jurisprudential developments of the contract, with particular attention to the role played by European law and the case law of the national and European Courts in the specific themes like the transition from contract to contracts.
The termination of contract; Action of fulfillment and specific redress; The safety of third party rights; Restriction on use act ex art. 2645-ter c.c.: the interest protected; Structure and effects; The asymmetric contract: the hypothesis of the third contract; Liberal attributions and consideration; Family Pact's functional profiles; The vertical Family Pact; The contractual solution to hereditary disputes; Intertemporal law and hereditary succession; Communion and hereditary division; The reform of "successione necessaria" and special nullity; Mutual funds: subjects or objects of law ?; Simulation and revocation; Abuse of law and exceptio doli generalis; Private autonomy and family succession; The act of ultimate will: the present value of a category
- Usury interests and banking contracts; The legalized usury of new article 1284 c.c.; usury and moratorium interests: ratio legis and non-application of the threshold rate; the usury that arinses during the contract.
- The pactum marcianum; the pactum marcianum in banking market and the article 48bis TUB; the real estate loan for life; consumer credit and pactum marcianum.
- The dogma of a normative aim of testamentary motive and testamentary will; The integration agreements of the "legittima" and the covenants of renouncing to contest the testament, the covenants not to make it publicize and the covenants to interpret it in a certain way; Interpretation of the will and formalism of interpreters (the example of French case law).
Amadio, Lezioni di diritto civile, Torino, 2016. D’Amico (a cura di): Gli interessi usurari, Torino, 2015. Pagliantini, La c.d. forza di legge del testamento, Napoli, 2016. D’Amico-Pagliantini-Piraino-Rumi, I nuovi marciani, Torino, 2017
Lessons in theory and discussion of cases. The course is based on traditional lectures, where each institution of Private Law is examined in its own nature, and in its relation to the other elements of the system. Furthermore, the course includes several exercises, in order to illustrate, through the exam of the acts of judgment, real cases occurred in the courts, to allow the student to verify the concrete operation of what he has studied in abstract terms by seminars.
Mid-term oral examination; final oral examination