Diritto privato comparato

A.Y. 2020/2021
Overall hours
Learning objectives
By the end of their classes, students should be aware of the differences and similarities among legal systems. 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, primly referring to contract and torts in the framework of the law harmonization and unification, in order to increase his familiarity and understanding with transnational problems. Overall, the course promotes student's transnational training and increases his familiarity with legal experiences different from that of the Italian one.
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

Lesson period
Second trimester
Should the emergency situation , the course will be held on the Microsoft Teams platform.
Course syllabus
The lessons focus with the following issues: Comparative Law; The legal formants and their role in the contemporary legal systems; Problems of legal language and legal translation; The national systems, the comparative legal systems and the legal traditions; Private law supranational harmonization (The influences of Courts and legal scholars in the harmonization of private law); The main projects of contract law harmonization / unification; The dialogue between the international projects of private law harmonization and the new national civil codes; Contractual topics between hard law and soft law; Consumer protection regarding to the environmental sustainability and the cultural dimension of food.
Prerequisites for admission
Students are supposed to be familiar with the core concepts and rules of private law, especially in the area of contractual and non contractual obligations. Furthermore, students are required to master the hierarchy among the sources of Italian as well as European private law.
Teaching methods
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.
Teaching Resources
Students have to study the following writings:

R. Sacco - P. Rossi, Introduzione al diritto comparato, Utet, Torino, 2019.

AA.VV., L'armonizzazione del diritto europeo. Il ruolo delle Corti, a cura di P. Gallo, G. Magri, M. Salvadori, Ledizioni, Milano, 2017 (open access book available through the course website on the UniMi Ariel Platform).

Further open access essays are available through the course website on the UniMi Ariel Platform.
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.
IUS/02 - COMPARATIVE PRIVATE LAW - University credits: 9
Lessons: 60 hours
Professor: Lanni Sabrina