The course develops knowledge of problems concerning the private law relations in the transnational level, having regard to the possible solutions offered by the different legal traditions and by their comparison beyond the Euro-centric legal approach. By the end of their classes: a) students should be aware of the differences and similarities among legal systems and they will be encouraged to in-deepth legal analysis also taking into account the social, political and economic components of the legal phenomenon; b) students will be provided 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 harmonization and unification of private law; c) students will have a greater familiarity with transnational problems understanding the legal experiences different from the Italian one.
Expected learning outcomes
By the end of the course, 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. Students will be familiar especially with: a) the main topics concerning different legal systems and how to carry out comparison between private law rules, paying attention to those most involved by EU law and International conventions with a private content (for example, consumer law, civil liability and civil rights protection); c) the use of comparative taxonomic models between different legal systems; d) to use bibliographic legal data with a good degree of autonomous competence and to prepare a brief presentation on comparative legal problems.
Lesson period: Second trimester
(In case of multiple editions, please check the period, as it may vary)
Following topics will be covered during the course: Comparative law in a global context; The problems of legal language according to transnational relations; The soft law instruments and their role in the framework of transnational problems; The European harmonization of contract law and its impact on food law and consumer law; The transplant of EU consumer law and food law in other legal systems; The protection of weak and vulnerable subjects in global markets; Distance selling using electronic means and consumer data protection; The problems related to the use of big data in the experience of European and comparative law; The digital markets and the transnationality of people's rights.
Prerequisites for admission
An adequate knowledge of Private law is required. Moreover, a preliminary reading (R. Sacco, Che cos'è il diritto comparato, Milan, Giuffrè, 1992) is recommended for students who have not taken during their Universitary courses an exam in the area of Comparative Private Law (IUS / 02).
The course is carried out through traditional lectures and innovative teaching tools (such as the 'flipped classrooms'). It encourages the better learning of the comparative private law topics as well as the development o students' argumentative skills.
By the Microsoft Teams Platform will be organized short meeting (outside the scheduled lesson hours) to depeen some course topics or to support the bibliographic research for the flipped classroom. These meetings involve the participation of small groups of students (from 3 to a maximum of 5) to better discuss and interact with professor. From the Ariel Unimi platform, attending students receive bibliographic essays and / or cases law to support the lessons of the course.
Within an interdisciplinary and international perspective of academic knowledge, the course may also be enriched with lectures held by foreign professor, guests and / or visitors of the University of Milan.
Bibliographic material will be indicated and / or made available through UniMi Ariel Site.
Assessment methods and Criteria
Oral exam for attending and non attending students, according to the Faculty calendar of exam sessions.
Attending students will have the opportunity to take one intermediate written test with 3 open-ended questions. They will be able to take the final oral exam if the written test is insufficient or if they decide to not accept the mark obtained in the written test.
The final oral exam is based on at least 2 questions for attending students who have successfully taken the intermediate written test; instead it is carried out through at least 4 questions for non-attending students or for attending students who have an insufficient mark or decided to refuse the mark obtained. In both cases, the answers are evaluated with individual scores from 0 to 30 for each question. Attending students can be awarded 1 additional point for scheduled interventions carried out during the course or for the flipped classroom agreed with the teacher and carried out in a student-group.
The final mark expressed in thirtieths will take into consideration the knowledge of comparative private law as well as the theoretical problems of private law in supranational context, according to the argumentative and expository skills and to the breadth of knowledge