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Transcript of Lecture 1 Private Law
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Introduction to the Legal System I
Monday, September 10, 2012
Alessandro P. Scarso
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Exams and required readings:
[email protected] Office hours: Monday, 8.00 am, 1st floor, D1, room 1
G. IudicaP. Zatti
Language and rules ofItalian Private Law2012
Mr. Matteo RonchiSlides
+
Nowritten tests (neither intermediate nor final) will take place!
N.B:
K. ZweigertH. Ktz
Introduction to
Comparative Law3rd ed., Chap. 24-34, pp. 323-469
Required readings
[email protected] Office hours: _____________ , 1st floor, D1, room 16
mailto:[email protected]:[email protected]:[email protected]:[email protected] -
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Why will we primarily refer to the Italian Legal System?
Does the content of the slides coincide with the textbook?
Why are the slides made available after and notbefore the lecture?
Why is the answer to many question asked in the slides not in the slides?
What is the content of Introduction to the Legal System I?
Why are BIEM students required to take ILS I?
Are BIEM students required to attend lectures?
Do the slides cover all topic dealt with in the textbook?
FAQ:
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What is a rule of law?
The seller answers the
painting is not for sale4.
He asks the seller to
keep the painting
until he comes back
2.
Going out with the painting,
Bill bumps into Paul, who
recognizes the painting
and claims for it
6.
Paul gets into an Art center and
buys a painting paying 5.000
1.
Bill offers 30.000:
5.
Bill gets into the same
Art center. He likes thesame painting
and he wants to buy it
3.
?the seller
accepts and gives him the painting
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Which is the best way to solve such a conflict of interests?
First solution:
Pauls interest has to
prevail because he bought
the painting first
Second solution:
Bills interest has to prevail because
- he paid a bigger amount of money
Advantage:
It is the fairest
solution
Disadvantage:
Each time somebody buys something,
they have to be absolutely
sure that the seller is entitled
to sell the thing
Advantage:
It facilitates a speedier
circulation of commodities
Disadvantage:
It could be highly unfair
not to protect the interests of
those who bought firstly
- the painting was handed over to him- he is not aware of the prior sale
Art. 1153 Civil Code [CC] - Effects of acquisition of possessionAny person to whom movables are transferred by another person who is not owner of
that movable becomes owner by way of possessionprovided he or she is ingood faith
at the time of transfer, the movable is delivered, and there is an appropriate title fortransfer of ownership.
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Art. 1153 CC - Effects of acquisition of possessionAny person to whom movables are transferred by another person who is not owner of
that movable becomes owner by way of possessionprovided he or she is ingood faith
at the time of transfer, the movable is delivered, and there is an appropriate title for
transfer of ownership.
Bill purchase
s ingood faith
Bill has atitleto purchaseBill hasphysical retention
provided
three requirementsare met
Bill had no knowledge of the prior sale;
in general, he did not know that the
seller did not have the right to sell.
The
sale is, in principle, an appropriatetitle to transfer ownership.
Bills interest does not prevail if he tooleaves the painting to be picked up later.
The solution provided by the legal system considers the easycirculation of wealth as an interest to be protected by the law.N.B:
What does it mean?
With such a statement the legal system provides a solution to the conflictbetween Bill and Paul and, in the same time, prescribes a conduct
in order to secure future composition of similar litigations.
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What is a rule of law?
The seller answers the
painting is not for sale4.
He asks the seller to
keep the painting
until he comes back
2.
Going out with the painting,
Bill bumps into Paul, who
recognizes the painting
and claims for it
6.
Paul gets into an Art center andbuys a painting paying 5.000
1.
Bill offers 30.000:
5.
Bill gets into the same
Art center. He likes thesame painting
and he wants to buy it
3.
?
the selleraccepts and gives him the painting
