Learning objectives
At the end of the training activity, the student is expected to have acquired knowledge and skills relating to subjects of law (natural persons and bodies) and personality rights, with particular regard to the protection of persons without autonomy and to the administration of support. In particular, the student is expected to be able to: 1. know the legal rules contained in the Civil Code and in the main special laws, concerning the fundamental institutions; remember their basic definitions; understand their concepts; interpret the rules with a systematic method (knowledge and ability to understand). 2. Applying the acquired notions to simple concrete cases, under the guidance of the teacher (ability to apply knowledge and understanding). 3. To be able to autonomously analyse elementary cases of reality, through the procedure of interpretation of the fact and its legal qualification (autonomy of judgement). 4. To be able to present brief conclusions of one's own analysis of a concrete case (communication skills). 5. Being able to evaluate alternative solutions to the elementary concrete cases considered (learning abilitily).
Course unit content
The course is divided into two parts:
- in the first part, it focuses on subjects of law (understood as both people and entities) and personality rights;
- in the second part, it delves into the protective measure of the support administration, with a special focus on its practical and applicative aspects and its differences from interdiction and incapacitation.
Full programme
1. The subject of law and the natural person . - 2. Legal capacity and the principle of equality . - 3. Special legal capacity and incapacity. - 4. The treatment of foreigners. - 5. Legal protection of the unborn child. - 6. Birth and death of the natural person. - 7. Domicile, residence and abode - 8. Disappearance, absence and declaration of presumed death - 9. Capacity to act and minor age - 10. Parental responsibility and guardianship of minors. - 11. The emancipated minor. - 12. Judicial and legal disqualification. - 13. Incapacitation. - 14. Support administration. - 15. The acts and contracts of the so-called natural incapacitated person. - 16. Personality rights: general features. - 17. The right to life. - 18. The right to health. - 19. The right to moral integrity: honour, decorum and reputation. - 20. The right to a name. - 21. The right to one's image. - 22. The right to privacy and the protection of personal data. - 23. The right to personal identity. - 24. Meta-individual subjects and the problem of subjectivity. - 25. The concept of legal person. - 26. Legal persons and unrecognised entities: perfect and imperfect patrimonial autonomy. - 27. The distinction between the entities in Book One and those in Book Five of the Civil Code: the problem of purpose. - 28. The question of the subjection of the corporations of Book One to the statute of the commercial entrepreneur. - 29. The attribution of legal personality. - 30. Recognised and unrecognised associations. - 31. Foundations. - 32. Committees. - 33. Hints on public bodies and third sector entities.
Also included in the exam programme are the Quaestiones relating to support administration indicated in the ‘Bibliografia’ section.
Bibliography
The reference books are:
- AA.VV., Manuale del diritto privato, edited by S. Mazzamuto, Turin, Giappichelli, latest edition, limited to the following Chapters: Chapters III (La persona fisica e i diritti della personalità) and IV (Gli enti).
- AA.VV., L'amministrazione di sostegno, edited by G. Bonilini, in Quaestiones, dir. da G. Bonilini, Pisa, Pacini giuridica, 2020, limited to the following Quaestiones: nn. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 20, 23, 25, 26, 30, 35, 37, 38, 39, 40, 45, 48, 52, 53, 58, 65. The number refers to the individual Quaestio, as numbered in the Volume Index.
Preparation for the exam requires a good knowledge of the Constitution, the Civil Code and the main related laws; the latter can be found in the appendices to the most widely used editions of the Civil Code. To this end, we recommend A. DI MAJO, Civil Code, Milan, Giuffrè, latest edition.
Teaching methods
The teaching activities will be conducted by means of face-to-face oral lectures, for a duration of 30 hours. During the lectures, which will focus, from time to time, on the in-depth study of certain institutes, dialogue with the class will be privileged. Adequate importance will be given to the examination of practical cases concerning personality rights and the protection of persons lacking autonomy, with particular reference to the application of the support administration and its diffusion in jurisprudential practice.
Assessment methods and criteria
The exam consists of an oral test consisting of at least three questions relating to the parts indicated in the reference texts. The final exam is aimed at assessing whether the student has knowledge and understanding of the institutes dealt with in the course of the lectures, as well as the ability to apply this knowledge to elementary concrete cases presented during the examination. The sufficiency threshold (18/30) is considered to have been reached when the student has shown knowledge and understanding of the institutes covered in the course and is able to implement the correct interactions between the various parts of the programme. If this result is not achieved, the exam will be considered insufficient. The grade for the oral exam, expressed in thirtieths, is communicated immediately at the end of the exam.
