Teacher
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GENOVESE Andrea
(syllabus)
Facts and legal acts in general. Meaning and content of contractual autonomy. Evidence and publicity. The legal relationship; different fundamental legal situations. Natural persons: legal capacity, capacity to act, protective measures for incapacitated persons; protection of personality rights. Legal entities; "types" of legal entities; non-personified collective entities. Assets and real rights. Property in the Constitution, the Civil Code, and special laws; rights in rem (usufruct, use, habitation, emphyteusis, superficies, easements) and security rights (pledge and mortgage); co-ownership; actions to defend property, possession, and detention, actions to defend possession. Modes of acquiring ownership. Real estate publicity. The contractual relationship, sources of obligations, performance, payment by subrogation, creditor's default, debtor's default, damages, ways of extinguishing obligations other than performance (novation, remission, set-off, merger, supervening impossibility of performance), assignment of credit, delegation, expromissio, assumption of debt, pecuniary obligations, alternative obligations, joint obligations, divisible and indivisible obligations, patrimonial liability, surrogatory action, revocatory action, seizure. The contract in general; contract requirements: conclusion of the contract (agreement), cause, object, form; general conditions of contract and adhesion contract; unfair contract terms, also regarding consumer contracts; preliminary contract; condition, term, and mode; interpretation of the contract; effects of the contract, its integration, customary clauses, equity, and termination; penalty clause and earnest money; representation; assignment of the contract; third-party beneficiary contract; simulation; nullity and voidability of the contract; contract rescission; contract termination. The main named contracts in the Civil Code (sale, contract, mandate, loan, settlement) and special laws (franchising). The main unnamed or atypical contracts. Non-contractual sources of obligation. Liability for tortious acts.
(reference books)
The exam preparation should take place as follows: (i) by using a university-level private law manual (among which it is recommended, for example: "Manuale di diritto privato," a cura di Torrente and Schlesinger, Milan, latest edition); (ii) the manual's reading should be accompanied by regular reading of the updated Civil Code; (iii) finally, it is required to study the following essays by Professor Andrea Genovese, which can be consulted at the address https://unitusdistu.academia.edu/AndreaGenovese: a) "Il recesso negli enti collettivi", in Nuovo diritto civile, 2023, p. 3 et seq.; b) "Riflessioni in tema di clausola rebus sic stantibus", in Nuovo diritto civile, 2018, p. 37 et seq.
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