Private Law - Third sector code

Academic Year 2023/2024 - Teacher: GIULIANA AMORE

Expected Learning Outcomes

The course aims to acquire adequate knowledge of third sector entities, their discipline and their purposes; to achieve a greater understanding of the phenomena and organizations which are oriented towards objectives of social solidarity and sustainability, in the current socio-economic context; the course also aims to have Knowledge of the specialised legal vocabulary and of the elements characterising the main legal institutions of the private law of Third Sector organisations and social entrepreneurship.

In other words, the course aims to provide a preparation that facilitates the opportunities for professional placement in the world of the third sector.

Course Structure

Frontal teaching

Required Prerequisites

No prerequisites required.

Attendance of Lessons

Recommended frequency, for the purpose of an adequate understanding of the subject

Detailed Course Content

The course deals with the articulated discipline of third sector entities, now contained in the Third Sector Code (Legislative Decree 3 July 2017, n.117) and it will take into account the aspects of the most debated ETS in doctrine and jurisprudence. In particular, the following topics will be dealt with: the evolution of the regulation of third sector entities and the characteristic features of individual entities; the legal definition and forms of advertising of third sector entities; the concepts of legal subjectivity and asset destination; the principles of responsibility and control; the principles of gratuity and mutuality with reference to the individual types of third sector entities; the concept of business activity in the third sector and the social enterprise, also in light of the sustainability objectives; the financing instruments of third sector entities also with regard to social impact investments.

Textbook Information

P. Consorti - L. Gori - E. Rossi, Diritto del terzo settore, Il Mulino, 2021 (in parts relating to the exam program).

Course Planning

 SubjectsText References
1Legal system
2Legal sources
3Natural and Legal persons
4Concept of the Third Sector: legal framework
5Delegated law to the Government for the reform of the Third Sector and social enterprise, l. 6 June 2016, no. 106. Principles.
6The Third Sector Code - Legislative Decree 3 July 2017 no. 117 and corrective decrees.
7 Third sector entities.
8Typical ETS, in particular Social Enterprise and Philanthropic Entities.
9Atypical ETS: recognised or unrecognised associations, foundations and other private entities other than companies.
10The legal personality of ETSs and the RUNTS
11 Third sector entities and activities of general interest.
12The ETS and secondary and instrumental activities. Commercial activity.
13ETS fundraising.
14Responsibilities of ETS administrators.
15Third sector transparency.
16Support and promotion of Third sector entities.
17The system of controls on third sector entities.
18The relation between Third sector and Public Administration

Learning Assessment

Learning Assessment Procedures

Oral exam.

For attending students, the test will be written and / or consisting of a case study.

Please note: To take the exam, it is necessary to book online at least 3 days before the exam.

Examples of frequently asked questions and / or exercises

- Legal persons

- Foundations

- Non-profit organizations

- Social utility

- Liability of third sector entities

- Legal personality

VERSIONE IN ITALIANO