THE

ITALIAN
CIVIL CODE
■ March 16, 1942

■ Approved nder the

«fascist» period

■ It realized the
so-called
«unification» of
private law.
Civil code (1865) +
Commercial code (1882)
 STRUCTURE OF THE CIVIL CODE
Book 1: Family law, marriage, adoption.
Book 2: Inheritance law, testament.
Book 3: Property: movable items, real estate, property rights and
limits.
Book 4: Bonds, purchase and sale contracts, mortgages.
Book 5: Business law and labor law.
Book 6: Civil liability, transcription and rules of evidence.
 EVERY-DAY LIFE SITUATIONS

■ GENERAL OBJECTIVE OF OUR COURSE

■ TO FIND THE RELEVANT NORMATIVE PROVISIONS

MARRIAGE
■ Articles 2 and 29
of the Constitution

■ Book I of the Civil

Code
TESTAMENT
■ Art. 2 and Article 42,
last paragraph, of the
Italian Constitution
(«The law establishes
the regulations and
limits of legitimate
and testamentary
inheritance and the
rights of the State in
matters of
inheritance»)
■ Book II of the Civil
Code
 PROPERTY

■ Article 42, paragraph 1, of the Italian

Constitution: «Property is public or
private. Economic assets may belong
to the State, to public bodies or to
private persons. Private property is
recognised and guaranteed by the law,
which prescribes the ways it is
acquired, enjoyed and its limitations so
as to ensure its social function and
make it accessible to all»
■ Book III of the Civil Code
 CONTRACT

■ Articles 2, 18, 32 etc.

■ Book IV of the Civil code

 COMPANIES
AND
BUSINESS
■ LAW
Art. 41 Constitution

■ Book V of the Civil code

 CAR
ACCIDENT
■ Art. 2 and Art. 23 of the
Constitution («No
obligation of a personal or
financiai nature may be
imposed on any person
except by law») of the
Constitution
■ Book VI of the Civil code
 SECOND PART OF OUR
PROGRAMME
Selecte Natural and legal personality. Associations and
foundations
d civil Property and real rights. Ownership
law
Contracts: physiological and pathological aspects
topics:
Obligations: sources and performance

Family and general principles of succession law

Distinction
between:
1) Natural person
2) Legal person
 Distinction between:
1) Legal capacity: (abstract) ability
CAPACITY to have rights and obligations ->
it is acquired at birth (Article 1 of
the Civil Code)
2) Capacity to act: ability of a
person to look after his or her
own interests -> it is acquired at
the age of majority, i.e. 18 years
old (Article 2 of the Civil Code)

The 7-year-old child example and «legal

representation»
 CASES OF LIMITATIONS TO THE
CAPACITY TO ACT: PHYSICAL AND/OR
PSYCHOLOGICAL INSTABILITY
Support administration
Unable to act (2004): beneficiary
Incapacitated
(«inabilitato») and («beneficiario di
(«interdetto») and
conservator amministrazione di
guardian («tutore») sostegno») and support
(«curatore») who
who takes place administrator
assists
(«amministratore»)
Legal
disqualification
Natural incapacity
(«interdizione
(«incapacità
legale»): puntiive
naturale») ->
function
temporary state of
(imprisonment for
incapacity
no less than 5
years)
 LEGAL PERSONS

■ Definition: organizations designed to achieve socially

important purposes

■ Art. 2 of the Constitution: «social groups»

■ Natural world ≠ Legal world

FUNCTIONAL CRITERION: «PROFIT»

■ Profit entities: companies

■ No-profit entitites (or «bodies

governed by private law»):
associations, foundations and
committees
 WHERE DO WE FIND THE
RELEVANT NORMATIVE
■
PROVISIONS?
Constitutional level: «companies» -> art. 41 Cost.; «bodies
governed by private law» -> art. 18 Cost.

■ Civil code level: «companies» -> book V; «bodies governed by

private law» -> book I

[Art. 13 of the Civil code: «companies are regulated by the

provisions contained in book v»]
SEPARATE LEGAL PERSONALITY

«AUTONOMIA PATRIMONIALE»

■ Perfect s.l.p. -> only its own assets

■ Imperfect s.l.p. -> also individual members

 PERFECT S.L.P.

■ Joint stock companies (s.p.a.)

■ Limited liability companies (s.r.l.)

■ Partnership limited by shares (s.a.p.a.)

IMPERFECT S.L.P.

■ Implied partnerships (s.s.)

■ General partnerships (s.n.c.)
■ Limited partnerships (s.a.s.)