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Private Law

Persone

Espa I.

Docente titolare del corso

Mirkovic K.

Assistente

Descrizione

The course is structured in thematic sections. The first section focuses on the sources of obligations, distinguishing between contractual and statutory origins. It addresses the requirements for the validity of binding obligations (consent, object, cause), the grounds for invalidity and nullity, as well as the legally prescribed forms. The section also includes the study of tortious acts (civil liability) and unjust enrichment, considered in their systematic legal function.

The second section is dedicated to the legal consequences of performance and non-performance, and to legal liability in its various forms—contractual, pre-contractual, and extra-contractual. It includes an in-depth analysis of the structural elements of liability: fault, damage, and causation, with references to both doctrine and case law.

The following part concerns subjective and objective changes in obligations, with coverage of legal institutions such as representation and joint and several liability, as well as the principal mechanisms for the extinction of obligations: performance, debt forgiveness, novation, set-off, and merger.

Finally, the course includes the study of certain typical contracts of particular practical significance—such as lease, employment, contract for work and services, and agency—with the goal of applying acquired knowledge to the analysis of concrete legal cases.

Obiettivi

The course offers an introductory and systematic examination of the law of obligations in Swiss private law. It serves as a foundational teaching module aimed at presenting the essential institutions of the law of obligations and at outlining the conceptual and regulatory framework necessary for analysing the principal legal issues related to the creation, performance, modification, and extinction of obligations. The skills acquired through this course lay the groundwork for further legal study, particularly within the scope of the Business Law course.

Modalità di insegnamento

In presenza

Impostazione pedagogico-didattica

The course is delivered through in-person lectures, enriched by practical examples and the discussion of case law. The pedagogical approach is designed to ensure a systematic understanding of the subject and to facilitate its practical application in real legal contexts.

Modalità d’esame

Written exam, duration: 90 minutes.

Programma