Introduction to the Legal System I

Alessandro P. Scarso

Monday, September 10, 2012

Exams and required readings:

Required readings

G. Iudica P. Zatti

Language and rules of Italian Private Law 2012

K. Zweigert H. Ktz

Introduction to Comparative Law

3rd ed., Chap. 24-34, pp. 323-469

Slides

Tutor

Mr. Matteo Ronchi

alessandro.scarso@unibocconi.it Office hours: Monday, 8.00 am, 1st floor, D1, room 1 matteo.ronchii@unibocconi.it Office hours: _____________ , 1st floor, D1, room 16

N.B:

No written tests (neither intermediate nor final) will take place!

FAQ:
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?

Does the content of the slides coincide with the textbook?

Why will we primarily refer to the Italian Legal System? Why are the slides made available after and not before 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?

What is a rule of law?

3.
Bill gets into the same Art center. He likes the same painting and he wants to buy it

2.
He asks the seller to keep the painting until he comes back Paul gets into an Art center and buys a painting paying 5.000

1.

4. The seller answers the

painting is not for sale

?
6. Going out with the painting,
Bill bumps into Paul, who recognizes the painting and claims for it

5.
Bill offers 30.000: the seller accepts and gives him the painting

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 - the painting was handed over to him - he is not aware of the prior sale Advantage: It facilitates a speedier circulation of commodities Disadvantage: It could be highly unfair not to protect the interests of those who bought firstly

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

Art. 1153 Civil Code [CC] - Effects of acquisition of possession Any person to whom movables are transferred by another person who is not owner of that movable becomes owner by way of possession provided he or she is in good faith at the time of transfer, the movable is delivered, and there is an appropriate title for transfer of ownership.

Art. 1153 CC - Effects of acquisition of possession Any person to whom movables are transferred by another person who is not owner of that movable becomes owner by way of possession provided he or she is in good faith at the time of transfer, the movable is delivered, and there is an appropriate title for transfer of ownership.

What does it mean?

Bill purchases in good faith provided three requirements are 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. Bills interest does not prevail if he too leaves the painting to be picked up later. The sale is, in principle, an appropriate title to transfer ownership.

Bill has physical retention Bill has a title to purchase

N.B:

The solution provided by the legal system considers the easy circulation of wealth as an interest to be protected by the law.

With such a statement the legal system provides a solution to the conflict between Bill and Paul and, in the same time, prescribes a conduct in order to secure future composition of similar litigations.

What is a rule of law?

3.
Bill gets into the same Art center. He likes the same painting and he wants to buy it

2.
He asks the seller to keep the painting until he comes back Paul gets into an Art center and buys a painting paying 5.000

1.

4. The seller answers the

painting is not for sale

?
6. Going out with the painting,
Bill bumps into Paul, who recognizes the painting and claims for it

5.
Bill offers 30.000: the seller accepts and gives him the painting