Teacher
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DE MARCO SILVIA
(syllabus)
LEARNING OBJECTIVES The course aims to provide students the elements for a depth and critical analysis of the institutes of the law of third sector, of the law of obligations and of the contract law, referring to the most important interpretative guidelines. Particular attentions is given to the most debated issues in the case law, having also regard to certain emerging solutions into european law.
COURSE CONTENTS A) OBLIGATIONS - Doctrine sources - Introductory notions and obligations sources - Fulfilment and different ways of extinction from flfilment/non fulfilment and debtor’s responsibility - Subjective modifications of the obligatory relation - Pecuniary, alternative, joint and several, divisible and indivisible obbligations - Other constitutive acts or facts of obligations - Tort - Patrimonial responsibility and the pre-emption cases - Personal guarantees - Preservations means of patrimonial guarantee B) CONTRACT - Doctrine sources and introductory notions - Pre-contractual responsibility - Limits of the freedom of contracting. Irrevocable proposal, Option and preliminary contract - Representation. The contract for a person to be appointed - The contract requirements. The agreement. The case. The object. The form - The contract formation - The contract integration - The contract interpretation - The contract execution - The accidental elements - The contract effects - The relativity of the contract effects - The evidence, the publicity and the registration - The ineffectiveness, the invalidity and the impugnability of the contract - The simulation. The consent vices - The contractual relationship extinction - The adaptation and the renegotiation - The consumer contracts and the contracts between companies C) NO PROFIT CORPORATIONS - The doctrine sources and introductory notions - Public and private bodies, privatisation and ecclesiastical bodies - The constituent elements of the non-commercial bodies - The juridical personality and subjectivity - Associations and foundations: the establishment
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