INTRODUCTION TO THE STUDY OF ITALIAN LAW
(Luiss "Guido Carli" University, Rome, 2002)
TABLE OF CONTENTS
CHAPTER I - GENERAL AND HISTORICAL INTRODUCTION.
I. Europe and Romano-Germanic Law - 1. The Origins of the Romano-Germanic Family of Law. - 2. The XIX Century and Codification. - 2.1 The Code Napoléon. - 2.2 Pandectism. - 3. Italy - 3.1 The Civil Code of 1942. II. General Characteristics of Italian Law - 1. Statutory Nature of Law. - 2. The Concept of Legal Rule in Italian Law. - 3. The Branches of Law. III. The Sources of Italian Law - 1. The Constitution - 2. Statutes - 3. Regulations. - 4. Custom. - 5. European Community Law. - 6. Caselaw. - 7.Academic Opinion. - IV. The Administration of Justice - 1. Types of Jurisdiction. - 2.1 The Principle of the Right to an Appeal. - 3. Ordinary Courts. - 4.The Format of a Court Judgement in Italy.
CHAPTER II - OBLIGATIONS.
1. Private Law: Definition. - 2. The Civil Code of 1942. - 3. Fundamental Principles. - 3.1 Natural Persons. - 3.2 Legal Persons. - 3.3 The Place of Business of Natural and Legal Persons. - 4. Personal Rights. - 5. The Family. - 5.1 Relations Within the Legitimate Family. - 5.2 Marriage. - 5.3 Family Property Regime. - 5.4 Dissolution of Marriage. - 5.5 Filiation. - 5.5a Natural Children - 6. Succession on Death and Gifts. - 6.1 Testate Succession: Types of Will - 6.2 Necessary Succession. - 6.3 Inheritance and Legacy. - 6.4 Inheritance and the Deceased's Debts. - 6.5 Gifts. - 7. Real Rights. - 7.1 Ownership. - 7.1a - Methods of Acquiring Ownership - 7.2 Real Rights of Enjoyment. 7.3 Real Rights of Guarantee. - 8. Obligations in General. - 8.1 General. - 8.2 Elements of an Obligation. - 8.3 Sources of Obligations. - 8.4 Types of Obligation. - 8.4a Joint and Several Obligations. - 8.4b A Special Case: Natural Obligations. - 8.4c Extinguishment of Obligations. - 8.5 Breach and its Legal Consequences. - 8.5a Damages. - 8.6 Contracts as a Source of Obligations. - 8.6a General. - 8.6b Elements of a Contract. - 8.6c Types of Contracts. - 8.6d Remedies for Breach of Contract. - 8.7 Non-contractual Sources of Obligations. - 8.7a Unilateral Acts: Unilateral Promises. - 8.7b Obligations Arising by Operation of Law. - 8.7c Torts. - 9. Labour and the Enterprise. - 10 Registration.
CHAPTER III - COMMERCIAL LAW.
I. Definition of Commercial law. - II. The Sources of Commercial Law. - III. The Notion of Commercial Entrepreneur. - IV. Business Associations in General. - V. Partnerships. - VI. Companies - 6.1 Joint Stock Company. - 6.2 Limited Liability Company. - 6.3 Limited Partnership-Company. - VII. Listed Companies.
CHAPTER IV - CONSTITUTIONAL LAW.
I. The Italian Constitution and its Fundamental Values. - II. The Constitutional Organs.- 2.1 The Separation of Powers. - 2.2 Functions and Powers. - 2.3 The Role of Political Parties. - 2.4 The President of the Republic. - 2.5The Constitutional Court. - 2.6 - The Parliament. - 2.7 The Government.- 2.8 The Prime Minister. - 2.9 Ministers. - 2.10 The Cabinet. - 2.11 The Judiciary. - III. Autonomy.
CHAPTER V - ADMINISTRATIVE LAW.
I. Administrative Law. - II. Administrative Structures. - III. Peripheral State Administration and Local Bodies. - IV. Internal Organisation of Public Bodies. - V. The Service Relationship. - VI. Administrative Activities. - VII. Administrative Proceedings. - VIII. Administrative Measures and Orders. - IX. Flaws in Administrative Orders. - X. Administrative Jurisdiction. - XI. Proceedings Before Administrative Courts.
CHAPTER VI - CRIMINAL LAW AND PROCEDURE.
I. Definition of Criminal Law - The Italian Criminal Code. - II. The Sources of Criminal Law. - III. The Distinction Between Substantive Criminal Law and Procedure. - IV. The Criminal Law. - 4.1 - Structure of a Substantive Criminal Norm. - 4.2 - Extent of the Criminal Law. - V. Offences. - 5.1 - Elements of an Offence. - 5.2 - Objective Elements of an Offence. 5.3 - Subjective Elements of an Offence. - VI. Sanctions. - VII. Criminal Process in Italy. - 7.1 Underlying Principles of the Criminal Procedure Code. - 7.2 Structure of Criminal Proceedings. - 7.3 Initiation of Criminal Proceedings. 7.4 Ordinary Trial. - 7.5 Alternative Proceedings. - 7.6. Enforcement. - VIII. Juveniles.