Private law institutions

Degree course: 
Corso di First cycle degree in SCIENZE DEL TURISMO
Academic year when starting the degree: 
2020/2021
Year: 
1
Academic year in which the course will be held: 
2020/2021
Course type: 
Basic compulsory subjects
Language: 
Italian
Credits: 
8
Period: 
First Semester
Standard lectures hours: 
50
Detail of lecture’s hours: 
Lesson (50 hours)
Requirements: 

The knowledge of the ordinary notions of elemental logic (deductive and inductive method) is the unique prerequisite. No specific prerequisites are required.

Final Examination: 
Orale

The exam is oral and consists of an interview with the teacher during which the student will be asked to demonstrate the learning of the basic skills and the ability to navigate in the legal field regarding the relevant topics. Some questions will be asked to the student, one of which is of a notionistic nature and two other will be most practical.
The oral test lasts about 30 minutes.
The aim of the exam is to evaluate first and foremost analytical capacity and rigor on the topics covered, as well as language and communicative skills. As the attendees are students of the first year, some of whom face for the first time in the study of law, whose knowledge will still remain institutional, the capacity to express autonomy of judgment will not be one of the evaluation criteria needed to pass the examination. This last criterion can best be used to reward the most deserving students.

Assessment: 
Voto Finale

The course aims to provide the basic knowledge of private law with particular regard to the subjects of law and how they act in a commercial context. After a theoretical and systematic introduction, the students will become confident with the most important legal sources in relation to the aspects of their future professional field. In particular, the course intends to provide, in addition to some basic concepts, the ability to frame in the legal terms the cases and problems that operators may face and possible solutions or, at the very least, the legal rules of reference.
The expected learning outcomes are as follows:
- acquisition and ability to appropriately use basic concepts and terminology of private law;
- ability to interpret the facts, by framing them in legal terms, and find the tools to make the solution.

The course provides a first part devoted to the basic concepts of private law and a second part devoted to the deepening of contracts and relationships specifically relevant to the tourism sector.
First part:
Introduction
Private law and the sources of law. Natural persons and legal persons. Bodies with and without legal personality. The property (hints). Obligations and contracts. Working relationships (notes).
Second part:
Contracts and relationships with the traveler
The sales contract with particular regard to the sale of movable things and intangible assets
Vexatious clauses and abusive clauses
The service contract
The consultancy services contract
The contract of carriage
The sale of tourist packages
Contracts between professionals for the provision of tourist services
Agency and mandate
Rent and assignment of corporate branch
Working relationships
The responsibility for the inaccurate management of tourist services
Contractual and non-contractual acts
The protection of the "consumer"
The protection of the transported on the road, rail and air travel.

For the preparation of the exam, it is essential to study a reference manual, limited to the subjects covered by the program. P. TRIMARCHI, Istituzioni di diritto privato, Giuffrè Editore, last edition (detailed list of chapters and paragraphs to study is available on the e-learning platform) or F. GALGANO, Diritto privato, Cedam Editore, last edition or, alternatively, V. ROPPO, Diritto privato. Linee essenziali, Giappichelli editore, last edition. In addition, the Consumer Code and the Turism Code, which are easy to find on the web platforms.

Convenzionale

The course includes frontal lessons, and possible classroom or home exercises; and in addition, the opportunity to consult the e-learning platform. Teaching is entirely provided by the lecturer in the course. During the course other speakers, selected from the professors of related subjects or professionals may be invited to support the professor.
Due to the restrictions due to the containment of the Covid19 epidemic, the lessons will take place remotely. The lessons, at the discretion of the teacher, can be recorded, in order to allow the students to listen again.

The e-learning platform also includes slides and educational and regulatory materials presented during the lesson or drafted by the students and reviewed and arranged by the professor.
Due to the current measures to contain the Covid 19 epidemic, it is not possible to receive them at the institute; the teacher remains available to students for reception on the microsoft teams platform, upon appointment to be made via email (maria.feola@uninsubria.it)