Comparative Legal Systems

A.Y. 2019/2020
9
Max ECTS
60
Overall hours
SSD
IUS/02
Language
Italian
Learning objectives
By the end of their classes, students should be aware of the differences and similarities among legal traditions, regarding synchronic and diachronic perpsectives. They will be encouraged to understand legal pluralism and to assess relevant case-law.
Primary objectives of teaching course:
A) to make available for student the lexical, conceptual and methodological tools that will allow him to carry out a legal analysis in a comparative perspective, in order to fully identify the differences and similarities between different legal systems;
B) to provide student with knowledge necessary for a critical understanding of the legal systems, and in particular of some fields of private law in the framework of the law harmonization and unification, in order to increase his familiarity and understanding with transnational problems.
Expected learning outcomes
Students will acquire cultural, methodological and specific competences (by direct teaching) and they will strengthen communication skills (by classroom discussions and flipped classrooms) in order to develop a deep understanding of comparative private law in supranational dimension.

The specific knowledge acquired through theoretical lessons, as well as through the analysis of case-studies, will be oriented to develop students' ability to provide a critical analysis and autonomous evaluation of legal phenomena regarding the current phase of globalization. The topics covered by the course, the skills and the abilities that will be taught are an essential part of the training of international relations expert.

By the end of their classes the students should be familiar with:
A) the main questions concerning legal traditions classification and existing legal systems and how to compare legal institutions;
B) the use of comparative taxonomic models;
C) The use of different sources of law (case law, legislation, customs);
D) to use bibliographic legal data with a good degree of autonomous competence and to prepare a brief presentation on comparative legal problems
Course syllabus and organization

Single session

Responsible
Lesson period
Third trimester
Course syllabus
The program is divided into three teaching units.

Comparative Law (object, functions, methods); Tools of Comparative Legal Analysis; Legal Formants; Problems of Legal language and Legal translation (with specific attention to European framework); Comparative Legal Systems, Legal Traditions and National Laws (with specific attention to harmonization and unification of private law).

The Unit 2 concerns: the Civil Law System regarding France, Germany and Switzerland; the English and USA Common law looking for a dialogue with the Civil Law System; the African System and the non-written law; the Chinese System and its openness to the civil law codification; the Latin American System between constitutionalism and new civil codes. During the Unit 2 will be carried out in-depth study for attendino students on European and Latin-American Consumer contract law.

The Unit 3 concerns: The Harmonization and Unification of private and commercial law; The main projects of harmonization / unification of contract law (with attention to the Principles of European Contract Law, Principles of Latin American Contract Law, Unidroit Principles etc.) and their impact on the legal transplants and evolution of national civil codes; Contract Law between hard law and soft law. During Unit 3 will be explorer for attendino students the topics of breach of contract and non-performance.
Prerequisites for admission
It is recommended to approach the course only if you have adequate knowledge of the main institutions of private law and constitutional law (or public law).
Teaching methods
The course is developed through traditional lectures with some innovative teaching tools, such as flipped classrooms, in order to promote a better learning of the topics covered, and above all the development of critical and argumentative skills by the student.

The course aims to meet the active learning needs of students who are invited to intervene on the teacher's exposition, in order to stimulate their communicative-relational skills beyond those of reasoning and critical analysis.

The course is enriched by a bibliographic and / or jurisprudential support for attending students, which is provided regularly by the teacher through the Ariel Unimi platform.

Where it is possible, the course may also be enriched by lessons given by foreign professors, guests and / or visitors of the University of Milan, within an interdisciplinary and international perspective of knowledge.
Teaching Resources
ATTENDING STUDENTS:
A. Gambaro-R. Sacco, Sistemi giuridici comparati, Torino, Utet, ultima edizione; A. Frignani-M. Torsello, Il contratto internazionale. Diritto comparato e prassi commerciale, Padova, Cedam, 2010, only pp. 101-155 ("Principali problemi comuni ai contratti internazionali: in generale"); Supplementary bibliographic material will be distribuite during the lessons or made available on the course website via Ariel Unimi platform.

NON ATTENDING STUDENTS:
A. Gambaro-R. Sacco, Sistemi giuridici comparati, Torino, Utet, ultima edizione; G. Alpa-M.J. Bonell-D. Corapi-L. Moccia-V. Zeno-Zencovich-A. Zoppini, Diritto privato comparato - Istituti e problemi, 3 ed., Bari, Laterza, 2019, pp. 165-370 ("lineamenti di diritto contrattuale"), pp. 401-440 ("le società per azioni").
Assessment methods and Criteria
The way to check student's learning consist of an oral test, that takes place during the official dates, as published at the beginning of the academic year, in line with the calendar set out by the Faculty of Political and Social Sciences. Only for attending students, there are also two written intermediate texts, each consisting of 2 open-ended questions.

The final examination is based on 2 questions for students who have passed 2 intermediate tests; it is instead set to at least 3 questions for non-attending students or for those who have not passed the intermediate tests. In both cases, the answers are evaluated with individual scores from 0 to 10 for each question according to an increasing merit value.

According to an evaluation scale from 0 to 30 (in view of language skills, display precision and the breadth of knowledge), the purpose of the oral test is to determine how the student is able to highlight the dimension of the comparative legal phenomena, demonstrating that he/she has studied and understood the reference institutes of the program, as it was given during the course and, moreover, contained in the recommended texts for the preparation of the exam and in the material provided in class.
Unità didattica 1
IUS/02 - COMPARATIVE PRIVATE LAW - University credits: 3
Lessons: 20 hours
Unità didattica 2
IUS/02 - COMPARATIVE PRIVATE LAW - University credits: 3
Lessons: 20 hours
Unità didattica 3
IUS/02 - COMPARATIVE PRIVATE LAW - University credits: 3
Lessons: 20 hours
Educational website(s)
Professor(s)