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series "Manuali"

pp. 376, 978-88-15-29018-2
publication year 2021

PIETRO SIRENA

Introduction to Private Law

Foreword

Foreword to the Second Edition

Foreword to the Third Edition

List of abbreviations

I. Law and society

1. The functions of law

2. Law and religion

3. The process of juridification of Western society

4. Law and technology

5. Western law and the laws of surviving societies

6. Mute law

7. Animal law

II. The Western legal tradition

1. The Roman invention of law

2. Classical Roman law and the Justinian compilation

3. The medieval renaissance of Roman law

4. The continental ius commune ad the English common law

4.1. Corpus iuris civilis and Corpus iuris canonici

4.2. Common law and equity

5. The advent of national law (ius patrium) and the ideal of its codification

III. National and international law

1. Statism and nationalism of contemporary Western laws

2. The establishment of the Westphalian paradigm: the split of national and international law

3. Comparative law

3.1. Concept and historical development

3.2. Aims and methods

4. Private international law

5. Uniform law

IV. Civil law and common law jurisdictions

1. The legacy of Roman law in Europe

2. The divide of civil law and common law traditions

3. Civil law jurisdictions

3.1. National codifications of private law between nineteenth and twentieth century

3.1.1 The ‘Code civil des Français’ (or ‘Code Napoléon’)

3.1.2. The ‘German Bürgerliches Gesetzbuch’ (BGB)

3.1.3. The Italian ‘Codice civile’ of 1942

4. Common law jurisdictions

5. Mixed jurisdictions

V. Law and justice

1. Two (incompatible?) views of law

2. Natural law and human reason

3. Positive law and political power

4. The dilemma of unjust law

5. The renaissance of natural law after World War II

VI. Rules, principles, legal systems

1. The rules

1.1. The conditional structure of rules

1.2. The scope of rules: their generality and abstractness

1.3. Mandatory and default rules

2. The legal systems

2.1. The sources of law

2.2. The gaps (lacunae) and the devices to fill them

2.3. The conflicts of norms (antinomies) and the criteria to settle them

3. The principles of law

VII. Private law and its sources

1. The divide of private law and public law

2. Commercial law and its relationship with the rest of private law

3. The legislature and the judiciary

3.1. Civil law jurisdictions

3.2. Common law jurisdictions

4. Legal education and legal scholarship

5. Law and economics (and other interdisciplinary legal studies)

VIII. European law

1. European Union law (acquis communautaire)

1.1. History and concept

1.2. The sources of the European Union law

1.2.1. At the primary level

1.2.2. At the secondary level

1.3. The supremacy (priority) of European Union law upon the Member States’ laws

1.4. State liability for infringement of European Union law

1.5. Existing private law of the European Union

1.5.1. At the primary level

1.5.2. At the secondary level

2. The European common core of national private laws (acquis commune)

2.1. Concept and history

2.2. European restatements and model laws regarding contracts

2.3. European restatements and model laws regarding other areas of private law

3. The prospective of a European codification of private law

IX. Legal facts and legal acts

1. The legal relevance of natural events and human actions

2. The German tripartite taxonomy of legal facts, heteronomous legal acts, and autonomous legal acts

3. The French bipartite taxonomy of legal facts and legal acts

4. The eclectic Italian taxonomy of legal facts and legal acts

5. The European taxonomy and the centrality of legal acts in private law

X. Rights and duties

1. Legal positions and legal relations

2. Simple positions of ‘may do’: freedoms (or privileges or liberties)

3. Simple positions of ‘can do’: powers (and power-rights)

4. (Subjective) rights

4.1. Will theory (or choice theory) vs interest theory (or benefit theory)

4.2. Classifications of rights

4.2.1. Relative rights (or rights in personam)

4.2.2. Absolute rights (or rights in rem)

4.3. The doctrine of abuse of rights

5. Delayed exercise of rights

5.1. Prescription and statutes of limitations

5.2. Statutes of repose and nonclaim statutes

XI. Legal subjects

1. Legal personhood

1.1. Natural persons

1.2. Legal persons

1.2.1. Companies

1.2.2. Non-profit organizations

1.3. Emerging legal subjects

2. Capacity to act

2.1. Natural persons

2.1.1. Minors

2.1.2. Incapacitated adults

2.2. Legal persons

Bibliography

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PIETRO SIRENA

Introduction to Private Law

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