Private law

Knowledge and understanding: thorough knowledge of the fundamental concepts of private law and awareness of their impact on legal relationships between citizens, enterprises, and Public Administration.

Applying knowledge and understanding: ability to analyse concrete cases concerning public contracts, the management of assets, and the civil liability of the Public Administration.

Making judgements: capacity for critical assessment of the relevance of private law rules to the economic and organisational dynamics of the Public Administration.

Communication skills: ability to present fundamental legal concepts clearly and accurately, using appropriate legal terminology, including in relation to public–private interactions.

Learning skills: ability to study autonomously statutory sources, case law, and legal scholarship, with particular attention to their application within the Public Administration.

The course is delivered through lectures, organised in such a way as to facilitate interaction between the lecturer and the students in the analysis of legal institutions.

Both the deductive method, moving from general principles to the solution of practical cases, and the inductive method, which proceeds from the analysis of specific cases to general conclusions (case-based approach), will be employed.

During the lectures, the lecturer will frequently refer to the text of the Civil Code and supplementary legislation. For this reason, students are strongly advised to bring to class a volume containing the Civil Code and related legislation.

Should the course be delivered in blended or online mode, the necessary adjustments may be introduced in order to comply with the syllabus and ensure full coverage of the prescribed programme.

No prior legal knowledge is required. However, it is desirable that students possess a basic understanding of civic studies and an adequate ability to comprehend statutory provisions and legal scholarship.

Attendance is optional but strongly recommended.

Students shall be considered “attending” if they:

• have attended at least 70% of the scheduled lecture hours;

• have actively participated in more than 50% of the learning assessment activities proposed by the lecturer (insight and self-assessment sheets on Microsoft Teams), achieving a satisfactory result.

Attending students may access a mid-term examination (written, consisting of 3–4 short-answer questions) covering the topics of the first part of the course.

Non-attending students shall take the final examination directly, according to the modalities indicated in the section “Assessment of learning.”

Mid-term examination modalities for attending students

• Structure: 3–4 open short-answer questions (10–15 lines each) and the examination of a case law.

• Duration: 120 minutes.

• Content: selected chapters of the programme, namely:

  • The notion and sources of private law; the role of European law and the relationship with public and international law.

  • Natural and legal persons: legal capacity, rights of personality, data protection, and digital identity.

  • Family and social formations: marriage, civil unions, cohabitation; filiation; international aspects.

  • Goods and property: concept of goods, rights in rem, private property and its social function, commons and environment.

• Attendance recording: attendance will be recorded through the signature on the attendance sheet. By signing, the student gives consent to the collection and processing of personal data exclusively for this specific purpose.

Introduction to Private Law: concept, sources, relationship with public law; role of European law.

Subjective legal positions: rights, obligations, and powers. Legal facts and legal acts.

Natural and legal persons: legal capacity, rights of personality, data protection, and digital identity.

Property and ownership: concept of goods, rights in rem, private ownership and its social function, common goods, and the environment.

Enterprise and distinctive signs: definition of entrepreneur, individual and collective enterprises, business organisation, and trademarks.

Law of obligations: sources, performance and breach. General asset liability of the debtor and security interests.

The contract: definition, essential requirements, invalidity and ineffectiveness.

Nominated and innominate contracts: with particular focus on public contracts (procurement, supply, and service agreements).

Consumer and user protection: unfair terms, public service users, alternative dispute resolution (ADR) and arbitration.

Civil liability: compensatory and preventive functions; strict liability, liability of the Public Administration, and liability arising from new technologies.

Private autonomy and its limits: contracts with weaker parties, unfair terms, and public policy.

Remedies and enforcement of rights: civil procedure, mediation, arbitration, and liability actions against the Public Administration.

Research paper (student’s choice) on one of the following topics:

Personal data and digital Public Administration
– The processing of personal data by the Public Administration and its implications for citizens.
– Digital identity (SPID, CIE) and the protection of fundamental rights.

Expropriation for public utility, the social function of property, and acquisitive occupation
– Constitutional basis and limits to private property.
– “Conformed” property and the distinction between compensation (indennizzo) and damages (risarcimento).
– The doctrine of acquisitive occupation and its subsequent judicial rejection.

Pre-contractual liability of the Public Administration
– Application of Article 1337 of the Civil Code to the negotiation phase with the Public Administration.
– Criteria for attributing liability and remedies available to the private contracting party.

Unjust enrichment of public entities
– Conditions and limits of the action under Article 2041 of the Civil Code against the Public Administration.
– Relationship with the system of public contracts and with liability actions.

Civil liability of hospital doctors
– Contractual or non-contractual nature of medical professional liability.
– Allocation of liability between employed physicians and public hospitals.

The core textbook is the following: P. Zatti – V. Fusaro, Diritto privato. Corso istituzionale, Cedam – Wolters Kluwer, 2023.
The following sections of the textbook must be studied: Chapters 1–23; Chapter 24, §§ 1, 2, 3, 5, 6; Chapter 25, §§ 1, 2, 3, 5, 6; Chapter 26, §§ 1, 2, 3, 6, 9, 10; Chapter 27, § 3; Chapter 28, §§ 1–2; Chapter 29, §§ 1, 3 and 4; Chapters 30–31.
The study must be supplemented by consulting an updated volume of the Civil Code and Complementary Legislation (see infra, for an example).

For the preparation of the research paper, students are required to select the articles included in one of the thematic groups indicated below, under the section “Bibliography.”

The examination consists of an oral interview on the contents of the course, including a topic chosen by the student among those suggested by the lecturer under the name of "Thematic focus". The student can submitt a  a research paper (10–15 pages) on the chosen topic, to be discussed during the oral examination.

The final assessment will take into account the mastery of legal language, the ability to consult and interpret statutory provisions, the clarity of presentation, and the capacity to connect the acquired notions to the international context.

Students attending the course will be allowed to sit a mid-term examination, which will take place at the end of the course and will cover part of the topics discussed in class. The content and modalities of the mid-term examination are specified below, under the section “Attendance.”

Legal capacity and capacity to act: what are the differences and what implications arise in the relationships between citizens and the Public Administration?

Rights of personality: how do the rights to privacy and data protection affect the provision of digital public services?

Legal persons: what characteristics distinguish associations from foundations and what types of relationships do they establish with the Public Administration?

Ownership and common goods: what legal protection is provided for public property and how does its regulation differ from that of private property?

Public contracts: what are the requirements for the validity of a public procurement contract concluded by the Public Administration and how do they differ from those applicable to contracts between private parties?

Obligations and liability: what is meant by the asset liability of the Public Administration and in which cases does civil liability for damages caused to third parties apply?

Consumer and user protection: what legal remedies are available to users of public services in the event of non-performance by the Public Administration?

Private autonomy and its limits: what are the main restrictions on the contractual autonomy of the Public Administration and how are they justified in terms of public interest?

Practical exercise: analyse a case in which a citizen enters into a contract with the Public Administration (e.g. the concession of public property) and identify the differences compared with a similar contract concluded between private parties.