Comparative private law

A.Y. 2020/2021
9
Max ECTS
63
Overall hours
SSD
IUS/02
Language
Italian
Learning objectives
The course is intended to provide students with:
- A basic knowledge of the comparative method and the fundamental features of the great legal traditions in their historical and contemporary evolution;
- The ability to apply the comparative method and awareness of the current results achieved by comparative science in relation to the divergences and convergences between the great legal traditions and the main contemporary legal systems;
- A capacity for original analysis and argumentation in relation to the issues addressed in the course, with particular reference to cases and materials discussed in the classroom;
- The ability to use precise language and legal terminology to express and demonstrate strong awareness of legal concepts and categories, including the problems of legal translation;
- Understanding of the main characteristics of different legal traditions, as well as their similarities and differences.
Expected learning outcomes
By the end of the course, successful students will have a thorough knowledge of course topics and will have acquired the tools to understand the comparative method, its nature and usefulness.
Course syllabus and organization

Surname A-L

Responsible
Lesson period
First semester
Teaching methods
Lectures will be held via Microsoft Teams in synchronized mode at scheduled days and times. The information on how to access the lessons on the Microsoft Teams platform, along with other instructions, will be uploaded on the ARIEL course webpage, for which regular consultation is recommended.

In the event the current health situation permits classroom learning and in compliance with regulations in force, lessons may also be held onsite (mixed mode). In this case, students will be promptly informed via a designated notice on the ARIEL course webpage.
In any case, recorded lessons will be available to the students until the end of the course.

Program and reference material

The syllabus and reference material for the course are unchanged.

Methods of verification of learning and evaluation criteria

The methods of verification of learning and the evaluation criteria will not change.
The examination will take place in oral form on the Microsoft Teams platform.
The health situation permitting, and consistent with classroom availability of classrooms and in the respect of the necessary safety conditions, the exam will be held in the classroom.
However, the possibility of conducting the exam remotely will be ensured for students who so require.

More precise indications and updates will be available on the Ariel course webpage, which should be consulted regularly.
Course syllabus
Comparative legal systems.
Legal comparison. Diversity and uniformity of law. The Western legal tradition.
English law: from the origins to nowadays.
The American legal experience.
The roots of Common law and the experiences of Civil law.
The French model.
The German system.
The modern systems of Civil law, between French and German influences.
Eastern Europe and the socialist model.
Islamic law.
Indian law.
Law in the Far East (China, Japan).
Sub-Saharan Africa legal systems
Prerequisites for admission
No prerequisites.
Teaching methods
The course takes place through lessons of frontal teaching. In addition, it is provided for the participation of Italian and foreign academics.
The study of the subject of comparative private law can also be carried out through optional modules.
Teaching Resources
Course material (9 credits):
A. Gambaro - R. Sacco, Sistemi giuridici comparati (Comparative Legal Systems), 4th edition, Torino, Utet, 2018.
A. Candian - A. Gambaro, Casi e materiali per un corso di diritto privato comparato (Cases and Materials for Course on Comparative Private Law), 2nd edition, Torino, Giappichelli, 2015.
Recommended reading:
R. Sacco, Che cos'è il diritto comparato (What is Comparative law), Milano, Giuffrè, 1992.
Assessment methods and Criteria
Exams will be held according to the indicated exam schedule, in the form of a single oral test lasting approximately 20/25 minutes on the contents of the textbooks indicated below.
Grades are expressed with a mark in thirtieths, with possible honors.
Students will be evaluated according to the factual accuracy and argumentative clarity of their responses, in addition to their ability to critically analyze.
Oral exams will be in streaming on Microsoft Teams, more info on Ariel website.
IUS/02 - COMPARATIVE PRIVATE LAW - University credits: 9
Lessons: 63 hours
Professor: Candian Albina

Surname M-Z

Lesson period
First semester
Teaching methods

Lectures will be held via Microsoft Teams in synchronized mode at scheduled days and times. The information on how to access the lessons on the Microsoft Teams platform, along with other instructions, will be uploaded on the ARIEL course webpage, for which regular consultation is recommended.

In the event the current health situation permits classroom learning and in compliance with regulations in force, lessons may also be held onsite (mixed mode). In this case, students will be promptly informed via a designated notice on the ARIEL course webpage.
In any case, recorded lessons will be available to the students until the end of the course.

Program and reference material

The syllabus and reference material for the course are unchanged.

Methods of verification of learning and evaluation criteria

The methods of verification of learning and the evaluation criteria will not change.
The examination will take place in oral form on the Microsoft Teams platform.
The health situation permitting, and consistent with classroom availability of classrooms and in the respect of the necessary safety conditions, the exam will be held in the classroom.
However, the possibility of conducting the exam remotely will be ensured for students who so require.

More precise indications and updates will be available on the Ariel course webpage, which should be consulted regularly.
Course syllabus
Comparative legal systems.
Legal comparison. Diversity and uniformity of law. The Western legal tradition.
English law: from the origins to nowadays.
The American legal experience.
The roots of Common law and the experiences of Civil law.
The French model.
The German system.
The modern systems of Civil law, between French and German influences.
Eastern Europe and the socialist model.
Islamic law.
Indian law.
Law in the Far East (China, Japan).
Sub-Saharan Africa legal systems.
Prerequisites for admission
No prerequisites.
Teaching methods
The course takes place through lessons of frontal teaching. In addition, it is provided for the participation of Italian and foreign academics.
The study of the subject of comparative private law can also be carried out through optional modules.
Teaching Resources
Course material (9 credits):
A. Gambaro - R. Sacco, Sistemi giuridici comparati (Comparative Legal Systems), 4th edition, Torino, Utet, 2018.
A. Candian - A. Gambaro, Casi e materiali per un corso di diritto privato comparato (Cases and Materials for Course on Comparative Private Law), 2nd edition, Torino, Giappichelli, 2015.

Recommended reading:
R. Sacco, Che cos'è il diritto comparato (What is Comparative law), Milano, Giuffrè, 1992.
Assessment methods and Criteria
Exams will be held according to the exam schedule, in the form of an oral discussion lasting approximately 20/25 minutes on the contents of the textbooks indicated below.
Grades are expressed with a mark in thirtieths, with possible honors.
Students will be evaluated according to the accuracy and argumentative clarity of their responses, in addition to their ability to critically analyze and re-elaborate course topics.
on the contents of the textbooks indicated below.
Oral exams will be in streaming on Microsoft Teams. More info on ARIEL WEBESITE
IUS/02 - COMPARATIVE PRIVATE LAW - University credits: 9
Lessons: 63 hours
Professor(s)