Education and Teaching:

She graduated in Law from the University of Cagliari with a grade of 110/110 cum laude.

In the years following graduation, she collaborated with the Department of Civil Law at the Faculty of Law of Cagliari and participated in several research projects initiated by the Department.

In 1995, after winning the relevant competition, she was appointed a full-time University Researcher in the scientific disciplinary sector of private law. She was confirmed in this role in 1998.

Beginning in the 1998-1999 academic year, she taught Institutions of Private Law at the Faculty of Political Sciences of the University of Cagliari. In 2002, she won the competitive exam for Associate Professor, and since 2005, she has continued to teach Private Law in this capacity in all three-year degree programs offered by the Faculty of Political Sciences of Cagliari. In the 2007-2008 academic year, she was awarded and also taught the Economic Law (Contracts) course in the Master's Degree in Public Administration Sciences offered by the same Faculty.

In November 2018, she obtained the National Scientific Qualification as a Full University Professor (SSD: IUS/01 – Private Law).

She taught the Private Law course at the Faculty of Economics of the University of Cagliari for two years. She continued to collaborate for several years with the Civil Law and Family Law chairs at the Faculty of Law of Cagliari.

From the academic year 2018-2020 Since the 2014/2015 academic year, she has taught Institutions of Private Law in the single-cycle master's degree program in Law, and since the 2020-2021 academic year, she has taught a 24-hour module of the Law of Obligations in the same master's degree program.

She has lectured for the School of Specialization for Legal Professions at the Department of Law and for the "Salvatore Satta" School of Notaries of Sardinia.

She has been a member of the teaching staff of the doctorate program in Contract Law since its inception (2001/2002 academic year), and was a member of the teaching staff of the Doctorate in Legal Sciences in the 2013-2014 and 2015-2016 academic years. She has served as a tutor to several doctoral students. She has twice served on the judging panel for the awarding of the PhD degree in Contract Law at the University of Cagliari.

She was a lecturer in the Master's Degree in Forensic Psychology and Criminology organized by the Faculty of Education and Law, directed by Professor C. Cabras.

She gave a lecture at the Ca' Foscari University Doctoral School in Venice on March 9, 2009.

She was the coordinator of the degree program in Social Services Sciences at the University of Cagliari (pursuant to Presidential Decree 270). From 2017 to 2019, she served as President of the Joint Faculty-Student Committee of the Department of Law; From 2019, she served as Chair of the Teaching Committee of the same Department until December 2024.

She was a member of the selection committee for the comparative evaluation procedure for university researchers at the University of Salerno in 2000. As an internal member, she served on the selection committee for the competition for full professorships announced by the University of Cagliari in 2024.

She was a member of the Scientific Committee of the Rivista Giuridale Sarda until 2011. From 2012, and still currently, she serves as a referee for the same journal.

She is a member of Sisdic, the Italian Society of Civil Law Scholars, and a member of the Association of Italian Civil Lawyers.

 

Research Projects

She participated in the research project funded by the Sardinia Region (Regional Law 7/2007): "Extrajudicial Protection in Current Law and in Antiquity in the Mediterranean Area," Scientific Coordinator Prof. F. Cordopatri (2012).

She participated in the research project entitled "Governance of Big Data and Public Policies," funded by the Autonomous Region of Sardinia under the Development and Cohesion Fund 2014-2020 – 2017.

She was responsible for local research projects (ex 60% funds) (FRA of Cagliari) starting from the 1995-1996 academic year. The research projects initially focused on the problem of legal causality and were completed with the publication of two monographs on the topic. These were initially provisional and later became definitive. The projects subsequently focused on the right of recourse, the subject of a collective contribution concerning the right of recourse pursuant to Article 131 of the Consumer Code.

 

Research Activities

His research initially focused on legal facts and transactions, culminating in a monograph in 2002, titled "Legal Transactions as a Source of Qualification and Regulation of Facts," published by Giappichelli. This was followed by a monograph entitled "Facts and Dynamics in Law," published first as a provisional edition and then as a final edition by Giappichelli in 2011, in the "Studies in Private Law" series edited by Professors Busnelli, Patti, Scalisi, and Zatti. The in-depth study of these topics has led to a particular appreciation of the regulatory role of legal transactions and, above all, the recognition of the specific significance of "legal facts" in their concrete dimension; these, in fact, are capable of situating legal entities, otherwise merely ideal, in time and space. This role is played by both the facts of law-making with respect to the norms produced, and by ordinary legal facts with respect to the concrete legal effects and legal situations that correspond to them, to which the fact that created them assigns a specific, unique and unrepeatable legal identity. The result has had repercussions on subsequent research, opening unexpected avenues and offering the opportunity to rethink the distinction between real rights and claims, as well as to comment on the modifications of concrete legal situations, given that the very concept of an event that can "change" the legal situation involved while simultaneously maintaining its legal identity, and its admissibility (for example, with respect to credits and especially debts), have been the subject of doubts and theoretical debates. Furthermore, it has allowed us to include the (concrete) legal subject itself among "concrete legal situations," as a well-known opinion had previously hypothesized, and much more.

In particular, more recently, the reexamination of the distinction between real rights and claims has made it possible to approach the Roman-derived concept of "fiducia"—both cum creditore and cum amico—with a different approach than in the past, retracing its evolution from its origins to its current possible applications. The solution hypothesized and proposed in the latest monograph is that fiducia constitutes a complex, real, and obligatory legal situation, which should reflect the real-obligatory effects that Italian legal theory had already highlighted in describing the legal consequences of fiduciary transactions. However, the intense and commendable theoretical exploration of the topic has generally emphasized the contractual dimension of fiducia, much less the effective dimension, and has investigated even less the legal situations that should mirror its effects. The only certainty has been the recognition of the existence of a real situation associated with an obligatory one, while also recognizing between them nothing more than a mere juxtaposition. The research in this monograph focused on the complementarity between the one, fiduciary property, and the other, the mandatory constraint, to which fiduciary property itself is preordained. To this end, it highlighted the structure, content, and legal regime of real security rights, considered the heirs of the ancient fiducia cum creditore. The results achieved could lead to a rethinking of traditional issues, such as those related to the basis of the prohibition of the pactum commissorium, as well as more recent and innovative ones, such as those related to trusts, destination constraints, or fiduciary assignment contracts, topics addressed in the aforementioned work.

In 2011, the volume on agency, edited by Professor Paoloefisio Corrias, was also published, which includes an essay by Professor Ugas dedicated to sub-agency.

In 2010, she contributed several contributions to the collective work entitled "Codice dell'appalto privato," edited by Professor Angelo Luminoso and published by Giuffrè Publishing House.

He has written several essays on the “Codice della Vendita”, edited by Buonocore and Luminoso, ed. Giuffrè, 2005, concerning the following topics: Sale and similar contracts; Legal and voluntary pre-emptions; Sale of contract; Total and partial eviction; Legal defects; right of recourse, the latter relating to the sale of consumer goods. These contributions were revised in 2012, on the occasion of the re-edition of the Codice della Vendita, edited by V. Buonocore, A. Luminoso, C. Miraglia, Ed. Giuffrè; in the same work, they are accompanied by two new essays dedicated to the protection of buyers of properties to be built, pursuant to Legislative Decree no. 122 of 2005, one dedicated to the identification of the contractual figures to be subject to the new regulation (the title is “The regulated contracts”) and the other to the definition of the temporal scope of application (the title is “Applicability of the Regulation”). The work was resumed and revised in 2018. The following contributions were added for updating purposes: "Subjects and Subjective Requirements" and "Art. 1471 Special Prohibitions on Buying," first authored by Dr. Ghironi.

He collaborated on the thirty-first volume of the Treatise on Commercial Law and Public Economic Law, edited by Galgano, dedicated to "Guarantees in the Sale of Consumer Goods," with a contribution on Legal Defects.

In 2013, he published a paper entitled "Circulation and Identification in the Case of Credit and Contract," in the volume Contract and Market, Liber amicorum per A. Luminoso, Giuffrè. This work collects the initial results of the ideas expressed on legal facts and transactions and where the concept of "subjective identification" emerges as a way of conceiving the "modifying" case of the position of creditor and debtor. Indeed, unlike real rights, which are indifferent to the subjective moment, each of these rights is shaped by the concrete subject who participates in their creation. Their "transfer" or succession can therefore only occur through identification with the original subject, who never actually leaves the scene and who is instead joined (to a greater or lesser extent) by the transferees or "new" debtors.

In the volume of the Commentary on the Civil Code, edited by E. Gabrielli and edited by Oreste Cagnasso and Vincenzo Vallebona, published in 2014, he authored several paragraphs of the commentary on art. 2230 on "Provision of intellectual work"; the entire commentary on art. 2232 "Performance of the work"; several paragraphs of art. 2233 "Compensation"; and the entire commentary on art. 2236 "Liability of the provider of work." In these comments, while reconstructing the doctrinal panorama, a personal opinion is proposed on the limits of contractual liability, with particular regard to the issue of professional services. It starts from the concept of obligation as a "rule of conduct, modifying the material and legal reality, a specific rule to which the debtor is subject and whose violation constitutes, together with non-fulfilment tout court, also a "minor" fault because it is related to a particularly stringent duty (the obligation and the related performance), while the violation of the mode of conduct dictated by diligence and therefore the qualitative inaccuracy of the performance would correspond, in the proposed opinion, to a culpa levissima. The performance of the performance, as well as the impossibility of the same, do not exclude that the debtor may incur contractual liability through conduct other than the violation of the duty of performance, that is, which harms in another way the interest of the creditor to whom the performance is functional. This type of harm to the creditor's interest (and related non-fulfilment) can be included among many others, an example being the behaviour of the debtor who negligently fails to foresee and/or avoids the impossibility of performance. This and other conduct directly detrimental to the creditor's interest (other than through a breach of the due performance) can be traced back to the concept of gross negligence, as it is contrary to the duty of diligence required of everyone, not just the debtor. If, however, the damage—other than through a breach of the duty of performance—to the creditor's interest, to which the obligation is directed, is intentional or at least occurs with the debtor's awareness (bad faith), it undoubtedly constitutes fraud. This conclusion has important implications for the interpretation of the reference to gross negligence contained in Article 2236. The contributions in question also apply the concept of identification to explain the phenomenon of "substitution" in performance referred to in Article 2332 and to address the issues raised by recent regulations on professional associations.

The volume "Law and Crisis" includes a presentation of his at the conference celebrating the 50th anniversary of the Rivista Giuridica Sarda, held in Cagliari. In November 2015, he published an article entitled "Profiles of Crisis in the Distinction between Real Rights and Credit Rights." This article also highlights further implications generated by the notion of legal fact regarding the distinction between real rights, established by and on the thing, and credit rights, established by and on the person of the creditor and the debtor.

In 2017, he published an article for Liber amicorum for Bruno Troisi, entitled "Multiple-Subject Obligations: The Complexity of the Problem and a Reconstructive Hypothesis." This article summarizes the issues raised by the subjectively complex obligation, presenting them together with a proposed solution that uses the concept of subjective identification, necessary to explain the uniqueness of the obligation in the face of multiple subjects and, above all, to understand how the performance, or part thereof, performed by and to anyone, respectively, of debtors and creditors, is always the "same." The concept of joint performance is then introduced, which is essential to clarify the rules governing the legitimacy to dispose of both the performance and its economic value both externally and within the group of debtors and creditors.

In 2018, he published a monograph on divisible and indivisible obligations. This monograph combines an exegesis of the rules with a more complex investigation, proposing a possible key to a systematic explanation and the resulting applicative solutions for subjectively complex obligations. The concept of subjective identification and joint performance is revisited. This leads to a broader reflection that, within a detailed discussion of joint ownership of real rights, also leads to addressing the question of whether the deceased's credits and/or debts fall under "joint ownership" (or not).

Also in 2018, he contributed two contributions to the work "Della famiglia," edited by Giovanni Di Rosa, in the Commentario del Codice Civile edited by Enrico Gabrielli, 2nd edition. In volume 3 (Complementary Laws), he wrote a commentary on Articles 19 and 23 of Law No. 74 of March 6, 1987, "New Rules on the Dissolution of Marriage."

Having completed research on the nature of the situation achieved by the prospective purchaser as immediate consignee of the property in the case of a preliminary contract with "anticipated effects," he published three contributions, two of which are journal articles and one is included in the annals published in 2020 by the Department of Law through Esi Publishing House. The three essays, although independent, are conceptually linked and are titled, respectively, Early Delivery in the Preliminary Sale Agreement: Reflections on Possession, published in the Journal Contratto e Impresa (1, 2020, pp. 121–153); The Preliminary Contract with Early Delivery: Reflections on the Contract, published in the Journal of Civil Law (issue 5, 2020, pp. 1115–1147); Some Observations on Undue Debt and Possessive Actions with a Focus on the Preliminary Contract with Anticipated Effects, in AA. VV., published in Volume I of the Economic-Legal Studies, Annals 2020, (pp. 731–742).

In 2024, he published articles and contributions in a volume, specifically the following works: On Claims-Made Clauses: A Dialogue of the Deaf Between Judges of Merit and Supreme Court in a Babel of Languages, in Resp. civ. and prev. 2024, 1096 ff.; The theses in the field and a counter-trend opinion on claims-made clauses, in Resp. civ. and prev. 2024, 1462 ff.; A (quasi-) exegetical itinerary of Allara's thought on the legal relationship. I). Events of norms and the relationship. Similarities and differences, (38 pages); II). The role of subjects in the legal relationship, (47 pages); III). Multiplication and pluralization of the legal relationship, in I Maestri italiani del diritto civile, “Mario Allara”, edited by P. Perlingieri and F. Maisto, Naples, 2024, (27 pages).

 

Conference participations

“Profiles of crisis in the distinction between real rights and credit rights”, presentation at the conference Law and crisis, a study program celebrating the thirtieth anniversary of the Sardinian legal journal (November 27-28, 2015, Cagliari); "Variations Ordered by the Client," a paper presented at the National Conference on Contracts held in Cagliari on September 24, 2010;

"Regulated Contracts," a paper on the protection of purchasers of properties under construction, presented at the conference for the presentation of Professor G. De Nova's book "The Contract: From Atypical Contracts to Alien Contracts," held in Cagliari on July 1, 2011.

 

Scientific Awards and Recognitions

 

Winner of the 2019 Scientific Excellence Award from the Italian Society of Civil Law Scholars for the monograph "Divisible and Indivisible Obligations. Investigation of the Theoretical and Application Contents of Subjective Identification and Joint Performance," Naples, 2018.

 

PUBLICATIONS:

 

Monographs:

 

1) The Legal Transaction as a Source of Qualification and Regulation of Facts, Turin, 2002, pp. 1-301.

 

2) Fact and Dynamics in Law, in the "Studies in Private Law" series edited by Professors Busnelli, Patti, Scalisi, and Zatti, Turin, 2011, pp. 1-276.

 

3) Divisible and Indivisible Obligations. An Investigation into the Theoretical and Practical Contents of Subjective Identification and Joint Performance, Naples, 2018, pp. 1-626.

 

4) Trust as a Real-Obligation Legal Circumstance. (A Proposal on the Doctrine of Obligatio Rei), Naples, 2022, pp. 1-640.

 

Articles:

 

Early Delivery in the Preliminary Sale Agreement: Reflections on Possession, in Contract and Business, 1, 2020, pp. 121-153.

 

The Preliminary Agreement with Early Delivery: Reflections on the Contract, in Riv. dir. civ., 5, 2020, pp. 1115–1147.

 

On claims-made clauses: A dialogue of the deaf between lower courts and supreme courts in a Babel of languages, in Resp. civ. and prev. 2024, 1096 ff.

 

Thesis in the field and a counter-trend opinion on claims-made clauses, in Resp. civ. and prev. 2024, 1462 ff.

 

Chapters or parts of chapters from collective volumes:

 

Legal defects, in Guarantees in the sale of consumer goods, edited by Bin and Luminoso, Vol. XXI, in Treatise on commercial law and public economic law, edited by Galgano, Milan, 2003, 310–349.

 

Subagency in the theory of subcontracting, in A.a. V.v., volume edited by Prof. Paoloefisio Corrias, Bologna, 2011, pp. 81-106.

 

Voluntary pre-emptions, in The Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Caterina Miraglia, 3rd ed., in The Sources of Italian Law, Milan, 2nd ed., 2012, pp. 168-187.

 

Legal pre-emptions, in The Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Caterina Miraglia, 3rd ed., in The Sources of Italian Law, Milan, 2nd ed., 2012, pp. 188-199.

 

Contractual Sale, in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Caterina Miraglia, 3rd ed., in The Sources of Italian Law, Milan, 2nd ed., 2012, pp. 354-360.

 

Sale and Exchange, Sale and Consignment Contract, Sale and Supply, Sale and Concession of Sale, Sale and Franchising, Sale and Factoring, in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Caterina Miraglia, 3rd ed., in The Sources of Italian Law, Milan, 2nd ed., 2012, pp. 399-418.

 

Articles 1483 of the Italian Civil Code: Total Eviction of the Property; 1484 of the Italian Civil Code: Partial Eviction; 1485 of the Italian Civil Code: Summons of the Seller; 1486 of the Italian Civil Code: Limited Liability of the Seller; 1487 of the Italian Civil Code: Modifications or Total Exclusion of the Warranty, Article 1488 of the Italian Civil Code. Effects of Total Exclusion of the Warranty, in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Caterina Miraglia, 3rd ed., in The Sources of Italian Law, Milan, 2nd ed., 2012, pp. 604-654.

 

Article 131 of the Consumer Code, Right of Recourse, in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Caterina Miraglia, 3rd ed., in The Sources of Italian Law, Milan, 2nd ed., 2012, pp. 1161-1189.

 

Regulated Contracts (pursuant to Article 1 of Legislative Decree No. 122/2005), in "Sales Code," edited by Vincenzo Buonocore, Angelo Luminoso, and Caterina Miraglia, 3rd ed., in The Sources of Italian Law, Milan, 2nd ed., 2012, pp. 1272-1304.

 

Article 5 of Legislative Decree No. 122/2005 (Applicability of the Regulations), in "Sales Code," edited by Vincenzo Buonocore, Angelo Luminoso, and Caterina Miraglia, 3rd ed., in The Sources of Italian Law, Milan, 2nd ed., 2012, pp. 1337-1356.

 

"Circulation and Identification in the History of Credit and Contract," in "Liber amicorum," edited by Angelo Luminoso, "Contratto e mercato," Vol. I, Milan, 2013, pp. 107-209.

 

Some Observations on Undue Debt and Possessive Actions with a Focus on Preliminary Contracts with Anticipated Effects, in AA. VV., Economic-Legal Studies, Annals of the University of Cagliari, Department of Law, 2020, I, Naples, 2020, pp. 731–742.

 

Commentary on Article 2230, Intellectual Work Performance, in Commentary on the Civil Code, edited by E. Gabrielli, Dell’impresa e del lavoro, edited by Oreste Cagnasso and Antonio Vallebona, 2188–2246, Milan, 2014, §§ 11–32, pp. 579–700.

 

Art. 2232, Execution of the Work, in Commentary on the Civil Code, edited by E. Gabrielli, Dell’impresa e del lavoro, edited by Oreste Cagnasso and Antonio Vallebona, 2188–2246, Milan, 2014, pp. 740-816.

 

Article 2233: Compensation, in Commentary on the Civil Code, edited by E. Gabrielli, On Business and Labor, edited by Oreste Cagnasso and Antonio Vallebona, 2188-2246, Milan, 2014, §§ 2-7, pp. 824-855.

 

Article 2236: Liability of the Contractor, in Commentary on the Civil Code, edited by E. Gabrielli, On Business and Labor, edited by Oreste Cagnasso and Antonio Vallebona, 2188-2246, Milan, 2014, pp. 880-903.

 

Tender and Sale, in Private Contract Code, edited by Angelo Luminoso, Milan, 2nd ed., 2016, pp. 42-53.

 

Contract and Intuition of Persons, in Private Contract Code, edited by Angelo Luminoso, Milan, 2nd ed., 2016, pp. 171-174.

 

Form, in Private Contract Code, edited by Angelo Luminoso, Milan, 2nd ed., 2016, pp. 226-245.

 

Art. 1659. Agreed Variations to the Project; Art. 1661. Variations Ordered by the Client, in Private Contract Code, edited by Angelo Luminoso, Milan, 2nd ed., 2016, pp. 369-413; pp. 427-445.

 

"Profiles of Crisis in the Distinction between Real Rights and Credit Rights," in Law and Crisis: Proceedings of the Study Conference for the Thirtieth Anniversary of the Sardinian Law Journal (November 27-28, 2015, Cagliari), edited by A. Luminoso, 2nd ed., 2016, pp. 95-108.

 

Voluntary Pre-emptions, in Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Giuseppe Fauceglia, 4th ed., in The Sources of Italian Law, Milan, 2018, pp. 229-252.

 

Legal Pre-emptions, in Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Giuseppe Fauceglia, 4th ed., in The Sources of Italian Law, Milan, 2018, pp. 252-271.

 

Contractual Sale, in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Giuseppe Fauceglia, 4th edition, in The Sources of Italian Law, Milan, 2018, pp. 430-438.

 

Sale and Exchange, Sale and Consignment Contract, Sale and Supply, Sale and Concession of Sale, Sale and Franchising, Sale and Factoring, in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Giuseppe Fauceglia, 4th edition, in The Sources of Italian Law, Milan, 2018, pp. 479-503.

 

Articles 1483 of the Italian Civil Code: Total Eviction of the Property; 1484 of the Italian Civil Code: Partial Eviction; 1485 of the Italian Civil Code: Summons of the Seller; 1486 of the Italian Civil Code: Limited Liability of the Seller; 1487 of the Italian Civil Code: Modifications or total exclusion of the guarantee, 1488 c.c. Effects of the total exclusion of the guarantee, in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, Giuseppe Fauceglia, IV ed.,  4th ed., in The Sources of Italian Law, Milan, 2018, pp. 732-792.

 

Legal Defects (Sale of Consumer Goods); in the Italian Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Giuseppe Fauceglia, 4th ed., in The Sources of Italian Law, Milan, 2018, pp. 1338-1345.

 

Art. 131 of the Italian Civil Code: Consumer Law, Right of Recourse, in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Giuseppe Fauceglia, 4th ed., in The Sources of Italian Law, Milan, 2018, pp. 1365-1395.

 

Regulated Contracts (pursuant to Article 1 of Legislative Decree No. 122/2005); Article 5 of Legislative Decree No. 122/2005 (Applicability of the Regulations) in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Giuseppe Fauceglia, 4th ed., in The Sources of Italian Law, Milan, 2018, pp. 1479-1514; 1552-1571.

 

Multiple-Subject Obligations: The Complexity of the Problem and a Reconstructive Hypothesis, in Liber amicorum per Bruno Troisi, edited by C. Cicero and G. Perlingieri, Naples, 2017, pp. 1358-1398.

 

Articles 19 and 23 of Law No. 74 of March 6, 1987 - New Rules on the Dissolution of Marriage, in Commentary on the Civil Code edited by E. Gabrielli, Della famiglia, edited by Giovanni Di Rosa, vol. III, Complementary Laws, 2nd edition, Milan, 2018, pp. 1057-1136.

 

Trust as a Real-Obligatory Legal Entity: Summary of a Reconstructive Hypothesis, in Annals of the University of Cagliari, Publications of the Department of Law, 2022, I, Naples, 2022, pp. 815-837.

 

A (Quasi) Exegetical Journey of Allara's Thought on Legal Relationships. I). The History of Norms and Relationships. Similarities and Differences, in The Italian Masters of Civil Law, “Mario Allara,” edited by P. Perlingieri and F. Maisto, Naples, 2024 (38 pages);

A (Quasi) Exegetical Journey of Allara's Thought on Legal Relationships. II). The Role of Subjects in Legal Relationships, in The Italian Masters of Civil Law, “Mario Allara,” edited by P. Perlingieri and F. Maisto, Naples, 2024 (47 pages);

A (Quasi) Exegetical Journey of Allara's Thought on Legal Relationships. III). Multiplication and Pluralization of Legal Relationships, in The Italian Masters of Civil Law, “Mario Allara,” edited by P. Perlingieri and F. Maisto, Naples, 2024 (27 pages).

 

Updated July 7, 2025

 

Education and Teaching:

She graduated in Law from the University of Cagliari with a grade of 110/110 cum laude.

In the years following graduation, she collaborated with the Department of Civil Law at the Faculty of Law of Cagliari and participated in several research projects initiated by the Department.

In 1995, after winning the relevant competition, she was appointed a full-time University Researcher in the scientific disciplinary sector of private law. She was confirmed in this role in 1998.

Beginning in the 1998-1999 academic year, she taught Institutions of Private Law at the Faculty of Political Sciences of the University of Cagliari. In 2002, she won the competitive exam for Associate Professor, and since 2005, she has continued to teach Private Law in this capacity in all three-year degree programs offered by the Faculty of Political Sciences of Cagliari. In the 2007-2008 academic year, she was awarded and also taught the Economic Law (Contracts) course in the Master's Degree in Public Administration Sciences offered by the same Faculty.

In November 2018, she obtained the National Scientific Qualification as a Full University Professor (SSD: IUS/01 – Private Law).

She taught the Private Law course at the Faculty of Economics of the University of Cagliari for two years. She continued to collaborate for several years with the Civil Law and Family Law chairs at the Faculty of Law of Cagliari.

From the academic year 2018-2020 Since the 2014/2015 academic year, she has taught Institutions of Private Law in the single-cycle master's degree program in Law, and since the 2020-2021 academic year, she has taught a 24-hour module of the Law of Obligations in the same master's degree program.

She has lectured for the School of Specialization for Legal Professions at the Department of Law and for the "Salvatore Satta" School of Notaries of Sardinia.

She has been a member of the teaching staff of the doctorate program in Contract Law since its inception (2001/2002 academic year), and was a member of the teaching staff of the Doctorate in Legal Sciences in the 2013-2014 and 2015-2016 academic years. She has served as a tutor to several doctoral students. She has twice served on the judging panel for the awarding of the PhD degree in Contract Law at the University of Cagliari.

She was a lecturer in the Master's Degree in Forensic Psychology and Criminology organized by the Faculty of Education and Law, directed by Professor C. Cabras.

She gave a lecture at the Ca' Foscari University Doctoral School in Venice on March 9, 2009.

She was the coordinator of the degree program in Social Services Sciences at the University of Cagliari (pursuant to Presidential Decree 270). From 2017 to 2019, she served as President of the Joint Faculty-Student Committee of the Department of Law; From 2019, she served as Chair of the Teaching Committee of the same Department until December 2024.

She was a member of the selection committee for the comparative evaluation procedure for university researchers at the University of Salerno in 2000. As an internal member, she served on the selection committee for the competition for full professorships announced by the University of Cagliari in 2024.

She was a member of the Scientific Committee of the Rivista Giuridale Sarda until 2011. From 2012, and still currently, she serves as a referee for the same journal.

She is a member of Sisdic, the Italian Society of Civil Law Scholars, and a member of the Association of Italian Civil Lawyers.

Research Projects

She participated in the research project funded by the Sardinia Region (Regional Law 7/2007): "Extrajudicial Protection in Current Law and in Antiquity in the Mediterranean Area," Scientific Coordinator Prof. F. Cordopatri (2012).

She participated in the research project entitled "Governance of Big Data and Public Policies," funded by the Autonomous Region of Sardinia under the Development and Cohesion Fund 2014-2020 – 2017.

She was responsible for local research projects (ex 60% funds) (FRA of Cagliari) starting from the 1995-1996 academic year. The research projects initially focused on the problem of legal causality and were completed with the publication of two monographs on the topic. These were initially provisional and later became definitive. The projects subsequently focused on the right of recourse, the subject of a collective contribution concerning the right of recourse pursuant to Article 131 of the Consumer Code.

Research Activities

His research initially focused on legal facts and transactions, culminating in a monograph in 2002, titled "Legal Transactions as a Source of Qualification and Regulation of Facts," published by Giappichelli. This was followed by a monograph entitled "Facts and Dynamics in Law," published first as a provisional edition and then as a final edition by Giappichelli in 2011, in the "Studies in Private Law" series edited by Professors Busnelli, Patti, Scalisi, and Zatti. The in-depth study of these topics has led to a particular appreciation of the regulatory role of legal transactions and, above all, the recognition of the specific significance of "legal facts" in their concrete dimension; these, in fact, are capable of situating legal entities, otherwise merely ideal, in time and space. This role is played by both the facts of law-making with respect to the norms produced, and by ordinary legal facts with respect to the concrete legal effects and legal situations that correspond to them, to which the fact that created them assigns a specific, unique and unrepeatable legal identity. The result has had repercussions on subsequent research, opening unexpected avenues and offering the opportunity to rethink the distinction between real rights and claims, as well as to comment on the modifications of concrete legal situations, given that the very concept of an event that can "change" the legal situation involved while simultaneously maintaining its legal identity, and its admissibility (for example, with respect to credits and especially debts), have been the subject of doubts and theoretical debates. Furthermore, it has allowed us to include the (concrete) legal subject itself among "concrete legal situations," as a well-known opinion had previously hypothesized, and much more.

In particular, more recently, the reexamination of the distinction between real rights and claims has made it possible to approach the Roman-derived concept of "fiducia"—both cum creditore and cum amico—with a different approach than in the past, retracing its evolution from its origins to its current possible applications. The solution hypothesized and proposed in the latest monograph is that fiducia constitutes a complex, real, and obligatory legal situation, which should reflect the real-obligatory effects that Italian legal theory had already highlighted in describing the legal consequences of fiduciary transactions. However, the intense and commendable theoretical exploration of the topic has generally emphasized the contractual dimension of fiducia, much less the effective dimension, and has investigated even less the legal situations that should mirror its effects. The only certainty has been the recognition of the existence of a real situation associated with an obligatory one, while also recognizing between them nothing more than a mere juxtaposition. The research in this monograph focused on the complementarity between the one, fiduciary property, and the other, the mandatory constraint, to which fiduciary property itself is preordained. To this end, it highlighted the structure, content, and legal regime of real security rights, considered the heirs of the ancient fiducia cum creditore. The results achieved could lead to a rethinking of traditional issues, such as those related to the basis of the prohibition of the pactum commissorium, as well as more recent and innovative ones, such as those related to trusts, destination constraints, or fiduciary assignment contracts, topics addressed in the aforementioned work.

In 2011, the volume on agency, edited by Professor Paoloefisio Corrias, was also published, which includes an essay by Professor Ugas dedicated to sub-agency.

In 2010, she contributed several contributions to the collective work entitled "Codice dell'appalto privato," edited by Professor Angelo Luminoso and published by Giuffrè Publishing House.

He has written several essays on the “Codice della Vendita”, edited by Buonocore and Luminoso, ed. Giuffrè, 2005, concerning the following topics: Sale and similar contracts; Legal and voluntary pre-emptions; Sale of contract; Total and partial eviction; Legal defects; right of recourse, the latter relating to the sale of consumer goods. These contributions were revised in 2012, on the occasion of the re-edition of the Codice della Vendita, edited by V. Buonocore, A. Luminoso, C. Miraglia, Ed. Giuffrè; in the same work, they are accompanied by two new essays dedicated to the protection of buyers of properties to be built, pursuant to Legislative Decree no. 122 of 2005, one dedicated to the identification of the contractual figures to be subject to the new regulation (the title is “The regulated contracts”) and the other to the definition of the temporal scope of application (the title is “Applicability of the Regulation”). The work was resumed and revised in 2018. The following contributions were added for updating purposes: "Subjects and Subjective Requirements" and "Art. 1471 Special Prohibitions on Buying," first authored by Dr. Ghironi.

He collaborated on the thirty-first volume of the Treatise on Commercial Law and Public Economic Law, edited by Galgano, dedicated to "Guarantees in the Sale of Consumer Goods," with a contribution on Legal Defects.

In 2013, he published a paper entitled "Circulation and Identification in the Case of Credit and Contract," in the volume Contract and Market, Liber amicorum per A. Luminoso, Giuffrè. This work collects the initial results of the ideas expressed on legal facts and transactions and where the concept of "subjective identification" emerges as a way of conceiving the "modifying" case of the position of creditor and debtor. Indeed, unlike real rights, which are indifferent to the subjective moment, each of these rights is shaped by the concrete subject who participates in their creation. Their "transfer" or succession can therefore only occur through identification with the original subject, who never actually leaves the scene and who is instead joined (to a greater or lesser extent) by the transferees or "new" debtors.

In the volume of the Commentary on the Civil Code, edited by E. Gabrielli and edited by Oreste Cagnasso and Vincenzo Vallebona, published in 2014, he authored several paragraphs of the commentary on art. 2230 on "Provision of intellectual work"; the entire commentary on art. 2232 "Performance of the work"; several paragraphs of art. 2233 "Compensation"; and the entire commentary on art. 2236 "Liability of the provider of work." In these comments, while reconstructing the doctrinal panorama, a personal opinion is proposed on the limits of contractual liability, with particular regard to the issue of professional services. It starts from the concept of obligation as a "rule of conduct, modifying the material and legal reality, a specific rule to which the debtor is subject and whose violation constitutes, together with non-fulfilment tout court, also a "minor" fault because it is related to a particularly stringent duty (the obligation and the related performance), while the violation of the mode of conduct dictated by diligence and therefore the qualitative inaccuracy of the performance would correspond, in the proposed opinion, to a culpa levissima. The performance of the performance, as well as the impossibility of the same, do not exclude that the debtor may incur contractual liability through conduct other than the violation of the duty of performance, that is, which harms in another way the interest of the creditor to whom the performance is functional. This type of harm to the creditor's interest (and related non-fulfilment) can be included among many others, an example being the behaviour of the debtor who negligently fails to foresee and/or avoids the impossibility of performance. This and other conduct directly detrimental to the creditor's interest (other than through a breach of the due performance) can be traced back to the concept of gross negligence, as it is contrary to the duty of diligence required of everyone, not just the debtor. If, however, the damage—other than through a breach of the duty of performance—to the creditor's interest, to which the obligation is directed, is intentional or at least occurs with the debtor's awareness (bad faith), it undoubtedly constitutes fraud. This conclusion has important implications for the interpretation of the reference to gross negligence contained in Article 2236. The contributions in question also apply the concept of identification to explain the phenomenon of "substitution" in performance referred to in Article 2332 and to address the issues raised by recent regulations on professional associations.

The volume "Law and Crisis" includes a presentation of his at the conference celebrating the 50th anniversary of the Rivista Giuridica Sarda, held in Cagliari. In November 2015, he published an article entitled "Profiles of Crisis in the Distinction between Real Rights and Credit Rights." This article also highlights further implications generated by the notion of legal fact regarding the distinction between real rights, established by and on the thing, and credit rights, established by and on the person of the creditor and the debtor.

In 2017, he published an article for Liber amicorum for Bruno Troisi, entitled "Multiple-Subject Obligations: The Complexity of the Problem and a Reconstructive Hypothesis." This article summarizes the issues raised by the subjectively complex obligation, presenting them together with a proposed solution that uses the concept of subjective identification, necessary to explain the uniqueness of the obligation in the face of multiple subjects and, above all, to understand how the performance, or part thereof, performed by and to anyone, respectively, of debtors and creditors, is always the "same." The concept of joint performance is then introduced, which is essential to clarify the rules governing the legitimacy to dispose of both the performance and its economic value both externally and within the group of debtors and creditors.

In 2018, he published a monograph on divisible and indivisible obligations. This monograph combines an exegesis of the rules with a more complex investigation, proposing a possible key to a systematic explanation and the resulting applicative solutions for subjectively complex obligations. The concept of subjective identification and joint performance is revisited. This leads to a broader reflection that, within a detailed discussion of joint ownership of real rights, also leads to addressing the question of whether the deceased's credits and/or debts fall under "joint ownership" (or not).

Also in 2018, he contributed two contributions to the work "Della famiglia," edited by Giovanni Di Rosa, in the Commentario del Codice Civile edited by Enrico Gabrielli, 2nd edition. In volume 3 (Complementary Laws), he wrote a commentary on Articles 19 and 23 of Law No. 74 of March 6, 1987, "New Rules on the Dissolution of Marriage."

Having completed research on the nature of the situation achieved by the prospective purchaser as immediate consignee of the property in the case of a preliminary contract with "anticipated effects," he published three contributions, two of which are journal articles and one is included in the annals published in 2020 by the Department of Law through Esi Publishing House. The three essays, although independent, are conceptually linked and are titled, respectively, Early Delivery in the Preliminary Sale Agreement: Reflections on Possession, published in the Journal Contratto e Impresa (1, 2020, pp. 121–153); The Preliminary Contract with Early Delivery: Reflections on the Contract, published in the Journal of Civil Law (issue 5, 2020, pp. 1115–1147); Some Observations on Undue Debt and Possessive Actions with a Focus on the Preliminary Contract with Anticipated Effects, in AA. VV., published in Volume I of the Economic-Legal Studies, Annals 2020, (pp. 731–742).

In 2024, he published articles and contributions in a volume, specifically the following works: On Claims-Made Clauses: A Dialogue of the Deaf Between Judges of Merit and Supreme Court in a Babel of Languages, in Resp. civ. and prev. 2024, 1096 ff.; The theses in the field and a counter-trend opinion on claims-made clauses, in Resp. civ. and prev. 2024, 1462 ff.; A (quasi-) exegetical itinerary of Allara's thought on the legal relationship. I). Events of norms and the relationship. Similarities and differences, (38 pages); II). The role of subjects in the legal relationship, (47 pages); III). Multiplication and pluralization of the legal relationship, in I Maestri italiani del diritto civile, “Mario Allara”, edited by P. Perlingieri and F. Maisto, Naples, 2024, (27 pages).

Conference participations

“Profiles of crisis in the distinction between real rights and credit rights”, presentation at the conference Law and crisis, a study program celebrating the thirtieth anniversary of the Sardinian legal journal (November 27-28, 2015, Cagliari); "Variations Ordered by the Client," a paper presented at the National Conference on Contracts held in Cagliari on September 24, 2010;

"Regulated Contracts," a paper on the protection of purchasers of properties under construction, presented at the conference for the presentation of Professor G. De Nova's book "The Contract: From Atypical Contracts to Alien Contracts," held in Cagliari on July 1, 2011.

Scientific Awards and Recognitions

Winner of the 2019 Scientific Excellence Award from the Italian Society of Civil Law Scholars for the monograph "Divisible and Indivisible Obligations. Investigation of the Theoretical and Application Contents of Subjective Identification and Joint Performance," Naples, 2018.

PUBLICATIONS:

Monographs:

1) The Legal Transaction as a Source of Qualification and Regulation of Facts, Turin, 2002, pp. 1-301.

2) Fact and Dynamics in Law, in the "Studies in Private Law" series edited by Professors Busnelli, Patti, Scalisi, and Zatti, Turin, 2011, pp. 1-276.

3) Divisible and Indivisible Obligations. An Investigation into the Theoretical and Practical Contents of Subjective Identification and Joint Performance, Naples, 2018, pp. 1-626.

4) Trust as a Real-Obligation Legal Circumstance. (A Proposal on the Doctrine of Obligatio Rei), Naples, 2022, pp. 1-640.

Articles:

Early Delivery in the Preliminary Sale Agreement: Reflections on Possession, in Contract and Business, 1, 2020, pp. 121-153.

The Preliminary Agreement with Early Delivery: Reflections on the Contract, in Riv. dir. civ., 5, 2020, pp. 1115–1147.

On claims-made clauses: A dialogue of the deaf between lower courts and supreme courts in a Babel of languages, in Resp. civ. and prev. 2024, 1096 ff.

Thesis in the field and a counter-trend opinion on claims-made clauses, in Resp. civ. and prev. 2024, 1462 ff.

Chapters or parts of chapters from collective volumes:

Legal defects, in Guarantees in the sale of consumer goods, edited by Bin and Luminoso, Vol. XXI, in Treatise on commercial law and public economic law, edited by Galgano, Milan, 2003, 310–349.

Subagency in the theory of subcontracting, in A.a. V.v., volume edited by Prof. Paoloefisio Corrias, Bologna, 2011, pp. 81-106.

Voluntary pre-emptions, in The Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Caterina Miraglia, 3rd ed., in The Sources of Italian Law, Milan, 2nd ed., 2012, pp. 168-187.

Legal pre-emptions, in The Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Caterina Miraglia, 3rd ed., in The Sources of Italian Law, Milan, 2nd ed., 2012, pp. 188-199.

Contractual Sale, in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Caterina Miraglia, 3rd ed., in The Sources of Italian Law, Milan, 2nd ed., 2012, pp. 354-360.

Sale and Exchange, Sale and Consignment Contract, Sale and Supply, Sale and Concession of Sale, Sale and Franchising, Sale and Factoring, in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Caterina Miraglia, 3rd ed., in The Sources of Italian Law, Milan, 2nd ed., 2012, pp. 399-418.

Articles 1483 of the Italian Civil Code: Total Eviction of the Property; 1484 of the Italian Civil Code: Partial Eviction; 1485 of the Italian Civil Code: Summons of the Seller; 1486 of the Italian Civil Code: Limited Liability of the Seller; 1487 of the Italian Civil Code: Modifications or Total Exclusion of the Warranty, Article 1488 of the Italian Civil Code. Effects of Total Exclusion of the Warranty, in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Caterina Miraglia, 3rd ed., in The Sources of Italian Law, Milan, 2nd ed., 2012, pp. 604-654.

Article 131 of the Consumer Code, Right of Recourse, in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Caterina Miraglia, 3rd ed., in The Sources of Italian Law, Milan, 2nd ed., 2012, pp. 1161-1189.

Regulated Contracts (pursuant to Article 1 of Legislative Decree No. 122/2005), in "Sales Code," edited by Vincenzo Buonocore, Angelo Luminoso, and Caterina Miraglia, 3rd ed., in The Sources of Italian Law, Milan, 2nd ed., 2012, pp. 1272-1304.

Article 5 of Legislative Decree No. 122/2005 (Applicability of the Regulations), in "Sales Code," edited by Vincenzo Buonocore, Angelo Luminoso, and Caterina Miraglia, 3rd ed., in The Sources of Italian Law, Milan, 2nd ed., 2012, pp. 1337-1356.

"Circulation and Identification in the History of Credit and Contract," in "Liber amicorum," edited by Angelo Luminoso, "Contratto e mercato," Vol. I, Milan, 2013, pp. 107-209.

Some Observations on Undue Debt and Possessive Actions with a Focus on Preliminary Contracts with Anticipated Effects, in AA. VV., Economic-Legal Studies, Annals of the University of Cagliari, Department of Law, 2020, I, Naples, 2020, pp. 731–742.

Commentary on Article 2230, Intellectual Work Performance, in Commentary on the Civil Code, edited by E. Gabrielli, Dell’impresa e del lavoro, edited by Oreste Cagnasso and Antonio Vallebona, 2188–2246, Milan, 2014, §§ 11–32, pp. 579–700.

Art. 2232, Execution of the Work, in Commentary on the Civil Code, edited by E. Gabrielli, Dell’impresa e del lavoro, edited by Oreste Cagnasso and Antonio Vallebona, 2188–2246, Milan, 2014, pp. 740-816.

Article 2233: Compensation, in Commentary on the Civil Code, edited by E. Gabrielli, On Business and Labor, edited by Oreste Cagnasso and Antonio Vallebona, 2188-2246, Milan, 2014, §§ 2-7, pp. 824-855.

Article 2236: Liability of the Contractor, in Commentary on the Civil Code, edited by E. Gabrielli, On Business and Labor, edited by Oreste Cagnasso and Antonio Vallebona, 2188-2246, Milan, 2014, pp. 880-903.

Tender and Sale, in Private Contract Code, edited by Angelo Luminoso, Milan, 2nd ed., 2016, pp. 42-53.

Contract and Intuition of Persons, in Private Contract Code, edited by Angelo Luminoso, Milan, 2nd ed., 2016, pp. 171-174.

Form, in Private Contract Code, edited by Angelo Luminoso, Milan, 2nd ed., 2016, pp. 226-245.

Art. 1659. Agreed Variations to the Project; Art. 1661. Variations Ordered by the Client, in Private Contract Code, edited by Angelo Luminoso, Milan, 2nd ed., 2016, pp. 369-413; pp. 427-445.

"Profiles of Crisis in the Distinction between Real Rights and Credit Rights," in Law and Crisis: Proceedings of the Study Conference for the Thirtieth Anniversary of the Sardinian Law Journal (November 27-28, 2015, Cagliari), edited by A. Luminoso, 2nd ed., 2016, pp. 95-108.

Voluntary Pre-emptions, in Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Giuseppe Fauceglia, 4th ed., in The Sources of Italian Law, Milan, 2018, pp. 229-252.

Legal Pre-emptions, in Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Giuseppe Fauceglia, 4th ed., in The Sources of Italian Law, Milan, 2018, pp. 252-271.

Contractual Sale, in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Giuseppe Fauceglia, 4th edition, in The Sources of Italian Law, Milan, 2018, pp. 430-438.

Sale and Exchange, Sale and Consignment Contract, Sale and Supply, Sale and Concession of Sale, Sale and Franchising, Sale and Factoring, in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Giuseppe Fauceglia, 4th edition, in The Sources of Italian Law, Milan, 2018, pp. 479-503.

Articles 1483 of the Italian Civil Code: Total Eviction of the Property; 1484 of the Italian Civil Code: Partial Eviction; 1485 of the Italian Civil Code: Summons of the Seller; 1486 of the Italian Civil Code: Limited Liability of the Seller; 1487 of the Italian Civil Code: Modifications or total exclusion of the guarantee, 1488 c.c. Effects of the total exclusion of the guarantee, in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, Giuseppe Fauceglia, IV ed.,  4th ed., in The Sources of Italian Law, Milan, 2018, pp. 732-792.

Legal Defects (Sale of Consumer Goods); in the Italian Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Giuseppe Fauceglia, 4th ed., in The Sources of Italian Law, Milan, 2018, pp. 1338-1345.

Art. 131 of the Italian Civil Code: Consumer Law, Right of Recourse, in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Giuseppe Fauceglia, 4th ed., in The Sources of Italian Law, Milan, 2018, pp. 1365-1395.

Regulated Contracts (pursuant to Article 1 of Legislative Decree No. 122/2005); Article 5 of Legislative Decree No. 122/2005 (Applicability of the Regulations) in the Sales Code, edited by Vincenzo Buonocore, Angelo Luminoso, and Giuseppe Fauceglia, 4th ed., in The Sources of Italian Law, Milan, 2018, pp. 1479-1514; 1552-1571.

Multiple-Subject Obligations: The Complexity of the Problem and a Reconstructive Hypothesis, in Liber amicorum per Bruno Troisi, edited by C. Cicero and G. Perlingieri, Naples, 2017, pp. 1358-1398.

Articles 19 and 23 of Law No. 74 of March 6, 1987 - New Rules on the Dissolution of Marriage, in Commentary on the Civil Code edited by E. Gabrielli, Della famiglia, edited by Giovanni Di Rosa, vol. III, Complementary Laws, 2nd edition, Milan, 2018, pp. 1057-1136.

Trust as a Real-Obligatory Legal Entity: Summary of a Reconstructive Hypothesis, in Annals of the University of Cagliari, Publications of the Department of Law, 2022, I, Naples, 2022, pp. 815-837.

A (Quasi) Exegetical Journey of Allara's Thought on Legal Relationships. I). The History of Norms and Relationships. Similarities and Differences, in The Italian Masters of Civil Law, “Mario Allara,” edited by P. Perlingieri and F. Maisto, Naples, 2024 (38 pages);

A (Quasi) Exegetical Journey of Allara's Thought on Legal Relationships. II). The Role of Subjects in Legal Relationships, in The Italian Masters of Civil Law, “Mario Allara,” edited by P. Perlingieri and F. Maisto, Naples, 2024 (47 pages);

A (Quasi) Exegetical Journey of Allara's Thought on Legal Relationships. III). Multiplication and Pluralization of Legal Relationships, in The Italian Masters of Civil Law, “Mario Allara,” edited by P. Perlingieri and F. Maisto, Naples, 2024 (27 pages).

Updated July 7, 2025

Anna Paola Ugas è nata a Cagliari il 12 luglio 1962. Ha conseguito la laurea in Giurisprudenza presso l’Università degli Studi di Cagliari con la votazione di 110/110 e lode.

Ha svolto negli anni successivi alla laurea attività di collaborazione nella cattedra di Diritto Civile della Facoltà di Giurisprudenza di Cagliari, e ha partecipato a diverse ricerche attivate dalla medesima.

E’ stata nominata nel 1995, dopo aver vinto il relativo concorso, Ricercatore universitario nel settore scientifico disciplinare di diritto privato ed ha svolto attività a tempo pieno in tale ruolo, conseguendo conferma nel 1998. A partire dall’anno accademico 1998-1999, ha insegnato Istituzioni di diritto privato presso la Facoltà di Scienze politiche dell’Università degli Studi di Cagliari. Nel 2002 ha vinto il concorso di Professore Associato e a partire dal 2005 ha ottenuto la conferma, continuando a svolgere in tale qualità l’insegnamento di   Diritto privato in tutti ii Corsi di Laurea triennale in cui è stata articolata l’offerta formativa della Facoltà di Scienze Politiche di Cagliari. Nell’anno accademico 2007-2008 le è stato attribuito ed ha svolto anche il corso di Diritto dell’economia (contratti), nella Laurea specialistica in Scienza dell’Amministrazione Pubblica attivato dalla medesima Facoltà.

Ha ricoperto supplenza in corsi di diritto privato della Facoltà di Economia dell’Ateneo cagliaritano.   Ha continuato a collaborare per diversi anni alle cattedre di Diritto civile e di Diritto di famiglia della Facoltà di Giurisprudenza di Cagliari.

Dall’a.a. 2014/2015 insegna diritto privato nel corso di laurea magistrale in Giurisprudenza.

Tiene lezioni per la Scuola di Specializzazione per le professioni legali, presso il Dipartimento di Giurisprudenza, e le ha tenute per la Scuola di Notariato della Sardegna “Salvatore Satta”.

Ha fatto parte del collegio dei docenti del dottorato di diritto dei contratti prima, ora è membro di quello del Dottorato in scienze giuridiche, ed è stata tutor di diversi dottorandi. Ha fatto parte per due volte della commissione giudicatrice per il conseguimento del titolo di Dottore di ricerca in Diritto dei contratti nell’Università di Cagliari.

Svolge l’attività di referee per la Rivista Giuridica sarda.

Ha partecipato in qualità di relatore al Convegno nazionale in tema di Appalto svoltosi a Cagliari il 24-9-2010, con una relazione dal titolo “Le variazioni ordinate dal committente”

e il 1-7-2011 al Convegno per la presentazione del libro del Prof. G. De Nova “Il contratto: dal contratto atipico al contratto alieno”, con una relazione in tema di tutela dell’acquirente di immobili da costruire.

E’ stata Docente nel master di II livello in Psicologia giuridica e criminologia organizzato dalla Facoltà di scienze della formazione e Giurisprudenza, direttore Prof. C. Cabras.

Ha tenuto lezioni nella scuola dottorale interateneo Cà Foscari di Venezia.

E’ coordinatore nel corso di laurea in Servizi sociali dell’Università di Cagliari (ex 270)

E’ stata componente della commissione giudicatrice per la procedura di valutazione comparativa per ricercatore universitario presso l’Università di Salerno nel 2000.

Ha fatto parte del progetto di ricerca finanziato dalla Regione Sardegna (l.R. 7/2007): “Le tutela stragiudiziali nel diritto vigente e nell’antichità nell’area del mediterraneo”, Coordinatore scientifico Prof. F. Cordopatri (2012)

La sua attività di ricerca si è concentrata da tempo sul fatto giuridico e sul negozio ed è sfociata nel 2002, in una prima monografia dal titolo “Il negozio giuridico come fonte di qualificazione e disciplina di fatti, editore Giappichelli,” quindi nella monografia intitolata “Fatto e dinamica nel diritto”, pubblicata dapprima in edizione provvisoria e nel 2011 in edizione definitiva dalla Casa editrice Giappichelli, nella collana “Studi di diritto privato” diretta dai Professori Busnelli, Patti, Scalisi, Zatti.

Nel corso del 2011 è stato anche pubblicato il volume sull’agenzia, diretto dal Prof. Paoloefisio Corrias, che comprende uno scritto della prof. Ugas dedicato alla subagenzia.

Nel 2010 ha partecipato   con diversi contributi, all’opera collettanea dal titolo “Codice dell’appalto privato”, curata dal Prof. Angelo Luminoso e pubblicata dalla Casa Editrice Giuffrè.

Ha scritto sul “Codice della Vendita”, a cura di Buonocore e Luminoso, ed. Giuffrè, 2005, diversi saggi concernenti i seguenti temi: Vendita e contratti affini; Prelazioni legali e volontarie; Vendita di contratto; Evizione totale e parziale; Vizi giuridici; diritto di regresso, questi ultimi relativi alla vendita di beni di consumo. Tali contributi sono stati rivisti e aggiornati nel 2012, in occasione della riedizione del Codice della vendita, a cura di V. Buonocore, A. Luminoso, C. Miraglia, Ed. Giuffrè; ad essi, nella stessa opera, si affiancano due nuovi scritti dedicati alla tutela degli acquirenti di immobili da costruire, di cui al d. lg. n.122 del 2005, dedicati, l’uno, alla identificazione delle figure negoziali da sottoporre alla nuova disciplina (il titolo è ” I contratti regolati”) l’altro, alla definizione dell’ambito temporale di applicazione (il titolo è “Applicabilità della disciplina”).

Ha collaborato alla realizzazione del volume trentunesimo del Trattato di diritto commerciale e di dritto pubblico dell’economia, diretto da Galgano, dedicato a “Le garanzie nella vendita dei beni di consumo”, con un contributo sui Vizi giuridici.

Nel 2013 ha pubblicato un lavoro dal titolo “Circolazione ed immedesimazione nella vicenda del credito e del contratto”, nel volume Contratto e mercato, Liber amicorum per A. Luminoso, Giuffrè.

Nel volume del Commentario del Codice Civile diretto da E. Gabrielli, a cura di Oreste Cagnasso e Vincenzo Vallebona,pubblicato nel 2014, sono a sua firma alcuni paragrafi del commento all’art. 2230 sulla “Prestazione d’opera intellettuale”; l’intero commento all’art. 2232 “Esecuzione dell’opera”; alcuni paragrafi dell’art. 2233 “Compenso”; l’intero commento all’art. 2236 “Responsabilità del prestatore d’opera”. Nel volume “Diritto e crisi” è pubblicato un suo intervento al Convegno per i 50 anni della Rivista Giuridica Sarda tenutosi a Cagliari nel novembre 2015, dal titolo Profili di crisi nella distinzione tra diritti reali e diritti di credito.

È in corso di pubblicazione un articolo per il Liber amicorum per Bruno Troisi, dal titolo “Le obbligazioni a soggetto multiplo: la complessità del problema ed un’ipotesi ricostruttiva”.

È attualmente sottoposto a giudizio dei referee per la pubblicazione un lavoro sulle obbligazioni divisibili ed indivisibili che prosegue l’indagine sulla tematica sopra indicata avviata più di recente.

Segue l’elenco delle pubblicazioni:

Il negozio giuridico come fonte di qualificazione e disciplina di fatti, Torino, 2002. (Monografia)

 

Fatto e dinamica nel diritto, nella collana “Studi di diritto privato” diretta dai Professori Busnelli, Patti, Scalisi, Zatti, Torino, 2011. (Monografia)

 

Le seguenti pubblicazioni costituiscono gruppi di capitoli, capitoli o parti di capitoli di volumi collettanei:

I vizi giuridici, in Le garanzie nella vendita dei beni di consumo a cura di Bin e Luminoso, Vol XXI, in Trattato di diritto commerciale e di dritto pubblico dell’economia diretto da Galgano, Milano, 2003, 310-349.

 

La subagenzia nella teoria del subcontratto, in A.a. V.v volume diretto dal Prof. Paoloefisio Corrias, Bologna, 2011., 81-106.

 

Le prelazioni volontarie, in Codice della vendita, a cura di Vincenzo Buonocore, Angelo Luminoso, Caterina Miraglia, III ed., in Le fonti del diritto italiano, Milano, 2 ed., 2012, pp.168-187.

Le prelazioni legali, in Codice della vendita, a cura di Vincenzo Buonocore, Angelo Luminoso, Caterina Miraglia, III ed., in Le fonti del diritto italiano, Milano, 2 ed., 2012, pp.188-199.

 

La vendita di contratto, in Codice della vendita, a cura di Vincenzo Buonocore, Angelo Luminoso, Caterina Miraglia, III ed., in Le fonti del diritto italiano, Milano, 2 ed., 2012, pp.354-360.

 

Vendita e permuta, vendita e contratto estimatorio, vendita e somministrazione, vendita e concessione di vendita, vendita e franchising, vendita e factoring, in Codice della vendita, a cura di Vincenzo Buonocore, Angelo Luminoso, Caterina Miraglia, III ed., in Le fonti del diritto italiano, Milano, 2 ed., 2012, pp.399-418.

 

Artt. 1483 c.c. Evizione totale della cosa, 1484 c.c. Evizione parziale, 1485 c.c. Chiamata in causa del venditore, 1486 c.c. Responsabilità limitata del venditore, 1487 c.c. Modificazioni o esclusione totale della garanzia, 1488 c.c.Effetti dell’esclusione totale della garanzia, in Codice della vendita, a cura di Vincenzo Buonocore, Angelo Luminoso, Caterina Miraglia, III ed., in Le fonti del diritto italiano, Milano, 2 ed.,2012, pp.604-654.

 

Art.131 cod. del consumo, Diritto di regresso, in Codice della vendita, a cura di Vincenzo Buonocore, Angelo Luminoso, Caterina Miraglia, III ed., in Le fonti del diritto italiano, Milano, 2 ed., 2012, pp.1161-1189.

 

I contratti regolati (ex art. 1 d lgs. n. 122/2005), in Codice della vendita, a cura di Vincenzo Buonocore, Angelo Luminoso, Caterina Miraglia, III ed., in Le fonti del diritto italiano, Milano, 2 ed., 2012, pp.1272-1304.

 

Art. 5 d. lgs. N. 122/2005 (Applicabilità della disciplina), in Codice della vendita, a cura di Vincenzo Buonocore, Angelo Luminoso, Caterina Miraglia, III ed., in Le fonti del diritto italiano, Milano, 2 ed., 2012, pp.1337-1356.

 

Circolazione ed immedesimazione nella vicenda del credito e del contratto, in Liber amicorum, per Angelo Luminoso, Contratto e mercato, Vol. I, Milano, 2013, . pp.107-209.

 

Commento all’art. 2230 Prestazione d’opera intellettuale, in Commentario del codice civile, diretto da G. Gabrielli, Dell’impresa e del lavoro a cura di Oreste Cagnasso e Antonio Vallebona, 2188-2246, Milano, 2014, §§ 11-32, pp.579-700.

 

Art. 2232 Esecuzione dell’opera, in Commentario del codice civile, diretto da G. Gabrielli, Dell’impresa e del lavoro a cura di Oreste Cagnasso e Antonio Vallebona, 2188-2246, Milano, 2014, pp. 740-816.

 

Art. 2233 Compenso, in Commentario del codice civile, diretto da G. Gabrielli, Dell’impresa e del lavoro a cura di Oreste Cagnasso e Antonio Vallebona, 2188-2246, Milano, 2014, §§ 2-7, pp. 824-855.

 

Art. 2236 Responsabilità del prestatore d’opera, in Commentario del codice civile, diretto da G. Gabrielli, Dell’impresa e del lavoro a cura di Oreste Cagnasso e Antonio Vallebona, 2188-2246, Milano, 2014, pp. 880-903.

 

Appalto e compravendita, in Codice dell’Appalto privato, a cura di Angelo Luminoso, Milano, 2 ed., 2016, pp. 42-53.

 

Appalto e intuitus personae, in   Codice dell’Appalto privato, a cura di Angelo Luminoso, Milano, 2 ed., 2016, 171-174.

 

La forma, in Codice dell’Appalto privato, a cura di Angelo Luminoso, Milano, 2 ed., 2016, pp. 226-245.

Art. 1659. Variazioni concordate al progetto, in Codice dell’Appalto privato, a cura di Angelo Luminoso, Milano, 2 ed., 2016, pp. 369-413.

 

Art. 1661. Variazioni ordinate dal committente, in Codice dell’Appalto privato, a cura di Angelo Luminoso, Milano, 2 ed., 2016, pp. 427-445.

 

Intervento a convegno:

Profili di crisi nella distinzione tra diritti reali e diritti di credito, in Diritto e crisi: Atti del convegno di studi per i trent’anni della rivista giuridica sarda (27-28 novembre – Cagliari) a cura di A. Luminoso, 2 ed., 2016, 95-108.

 

In corso di pubblicazione:

Le obbligazioni a soggetto multiplo: la complessità del problema ed un’ipotesi ricostruttiva, in

Liber amicorum per Bruno Troisi, a cura di C. Cicero e G. Perlingieri, Napoli.

Delle obbligazioni divisibili e indivisibili (Monografia)