Lecture notes
Private law
- Module
- Institution
definition of private and public law, as well as their relationship. Definition of contract, obligation, wrongful act. Sources of private and public law.
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1. Lesson 1Tuesday, 11 January 2022 08:41
PRIVATE LAW = branch of a legal system (Italian system, Common system, European le
national, international)
All the modern legal systems have a branch tha deals with the relationship between le
distinction between physical persons and legal persons —> affected by the legal effect
Relationship between people in modern society must be regulated by law in order to p
interest
Private Law: horizontal relationship = between two legal subjects to protect their own
Public Law: vertical relationship = between official organisations and people in the sen
Private Law is a very wide branch, it includes different type of relationship regulations
sale and purchase agreement, preliminary contracts)
• Ex. I want to buy an apartment, I need to stipulate contracts with the banks, the
• Ex. I want to buy a boat, you need to stipulate a contract for the maintanance, th
damages can happen within the terms of a contract or it can be caused by a third
case the other party has to follow certain obligations regulated by the contract —
branch:
○ Obligations
○ wrongful acts
Linked together by the responsability for damages and the aim of compen
derives from a wrongful act
—> the law regulations grant me my rights and satisfy my needs
• Ex. Personal rights with an economic base: fashion companies ask to a different c
actually produce the goods, then the second company will sell them under the m
license (paying the license). In this case we have the license contracts + the exclu
given to the creator —> branch of intellectual property (= group of legal rules wh
rights over an invention) —> it derives from a normal human action, a fact. No o
violate this right, if it happens damages must be paid.
We will analyse contracts from different legal systems with the aim of comparing them
CONTRACT: agreement between two or more people who enter a binding relation and
themselves to carry out performances in their interest or the other party’s.
OBLIGATION: form of legal effects that derive from the contract
Contract (source) —> Obligation (it flows from the contract)
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