(1) PRESENTATION OF THE COURSE Prof. Bruno Tassone Docente di Principles of Civil Law LUISS Guido Carli TODAY’S ISSUES 1. 2. 3. 4. 5. 6. Presentation of the teacher; Objectives The class program; Materials to be used; Exam & assessment method; Few other issues (comparison & translation problems). OBJECTIVES Knowledge and understanding: The student - by the lectures and practical activities - will have developed the ability to understand the principles and categories of Italian Constitutional e Private Law. Applying knowledge and understanding: The student will be able to apply those principles and categories to practical cases. Making judgements: The student will have acquired problem analysis skills and the ability to identify the information necessary for their solution, being able to find it directly or to ask for the counsel a legal specialist. Communication skills: The student will be able to use the legal vocabulary, addressing the legal issues at hand with terminological accuracy. Learning skills: The technical-legal knowledge acquired during the course will allow the student to autonomously adapt the principles and categories to the specific reference context, to continue to deepen the topics addressed and to undertake the various post-graduate professional training courses keeping in mind the relationship between law and economics. THE CLASS PROGRAM (I) (Part I) some issues of Public (Constitutional) Law and (Part II) main areas of Private Law. What is Public Law and what is Private Law? Under Part I (Approximately 1/3 of the Course) Legal system, legal rule and source of law (notion). Italian sources of law. EU and international sources of law. Issues of private international law. Main features of the Constitution of Italy and of the Constitutions of other European Countries. Main features of the Italian Constitutional Bodies and of the Lawmaking Process. THE CLASS PROGRAM (II) Under Part II (Approximately 2/3 of the Course) Legal capacity. Natural persons and entities. Ownership, possession and (other) property interests. Security and creditor’s rights protection. Obligations and contractual liability. Contracts (Notion, Formation, Interpretation, Representation, Validity, Termination). Tort law and compensation for damages. Features of inheritance law (on the book only). Features of family law (on the book only). MATERIALS (I) 1) 2) 3) 4) 5) Slides (uploaded on the course web page) Iudica e Zatti, Language and Rules of Italian Private Law: An Introduction, Cedam, Padova (selected paper parts – see file or next slide) Lena and Mattei (eds.), Introduction to Italian Law, Kluwer, 2002 (selected PDF parts – see file or next slide) Notes on Constitutional Bodies (available on the course web page) Italian Constitution in English (available on the course web page) MATERIALS (II) CONSTITUTIONAL LAW: Chapter 3 of Introduction to Italian Law, ALL, EXCEPT Paragraph III (A), (B), (C), EXCEPT Paragraph IV (B) and EXCEPT Paragraphs VII-VIII. EC SOURCES OF LAW: Chapter 4 of Introduction to Italian Law: ALL, EXCEPT Paragraph IV (A), (B), (D) and Paragraphs VII-VIII. JURIDICAL CAPACITY, CAPACITY TO ACT, NATURAL CAPACITY AND LEGAL ENTITIES: Chapter 4 of Language and Rules of Italian Private Law. PROPERTY, OWNERSHIP AND POSSESSION: Chapters 5, 8 and 9 of Language and Rules of Italian Private Law. OBLIGATIONS: Chapter 10 of Language and Rules of Italian Private Law. CONTRACTS: Chapters 11, 12, 13, 14, 15, 16 and 19 of Language and Rules of Italian Private Law. TORTS: Chapters 21 and 22 of Language and Rules of Italian Private Law. FAMILY LAW: Chapter 27 of Language and Rules of Italian Private Law. INHERITANCE LAW: Chapter 28 of Language and Rules of Italian Private Law. EXAM & ASSESSMENT Mid-term Examination (Public Law only); Written Final Exam (with an Optional Oral Part – Compulsory Attendance); Active participation during the class lesson; Group work executed during the course. COMPARISON AND LANGUAGE • Teaching Italian Law in English is a challenge and an opportunity as well. • But there are problems to be faced in every area of the law. • How do you translate (without going outside contract law): 1) “contract” (?); 2) “rescission” (?); 3) “unconscionability” (?).