Comparative Private Law
A.Y. 2022/2023
Learning objectives
Student will acquire competence on methodology for comparative legal research and on the circulation of legal models, international unification of law and dialogue between courts. Secondly, she/he will know and will be able to understand the institutional and private law features of the main legal traditions and of some national legal systems in particular, and to compare them. The course also aims to introduce the student to the complexity of sources of international contract law as well as to the coordination of these sources. Finally, it is intended to provide the student the discipline of the international sales contract and the necessary skills to face most frequent problems related to it.
Expected learning outcomes
At the end of the course the student will have a comparative historical panorama of the main European and non-European legal traditions; on this basis she/he can also formulate independent judgments and to approach critically his own national system. She/he will be able to face the complexity of the international contract law and, in particular, of the contract of sale of goods. Will now how to find and evaluate legislative and jurisprudential sources, having carried out bibliographical and documentary research, and having prepared a short essay or a presentation during the course. Finally, the general acquired knowledge and experience will also allow her/him to study other related scientific questions independently.
Lesson period: Third trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
Third trimester
Course syllabus
Introduction to comparative law, its functions and methods, macro- and micro-comparison, the circulation of legal models and the approximation of legal traditions.
The civil law (or Romanistic) legal family or tradition and its diffusion. The French,
German and Italian legal systems.
The common law (or Anglo-American) legal family or tradition and its spread. The English legal system, the US legal system.
The law of Latin American systems.
Introduction to Chinese law and Islamic law.
Hard law and soft law as sources of international trade. The new "Lex mercatoria" and the "Unidroit Principles". The United Nations Convention on Contracts for the International Sale of Movable Property, of 1980 (Vienna Convention): applicability criteria and main aspects of the regulation of the international sale of goods. Introduction to international commercial arbitration. The Inconterms.
The civil law (or Romanistic) legal family or tradition and its diffusion. The French,
German and Italian legal systems.
The common law (or Anglo-American) legal family or tradition and its spread. The English legal system, the US legal system.
The law of Latin American systems.
Introduction to Chinese law and Islamic law.
Hard law and soft law as sources of international trade. The new "Lex mercatoria" and the "Unidroit Principles". The United Nations Convention on Contracts for the International Sale of Movable Property, of 1980 (Vienna Convention): applicability criteria and main aspects of the regulation of the international sale of goods. Introduction to international commercial arbitration. The Inconterms.
Prerequisites for admission
Private and public law basis.
Teaching methods
The course will be carried out partly through lectures and partly in seminar form, with the active participation of the students. The frontal lesson will be integrated with the projection of slides made available to students through the Ariel Unimi platform.
Students can be asked to analyze international commercial contracts and judgment models during the classes.
It is also possible to organize seminars held by guest lecturers on specific topics relevant to the course program.
Students can be asked to analyze international commercial contracts and judgment models during the classes.
It is also possible to organize seminars held by guest lecturers on specific topics relevant to the course program.
Teaching Resources
VARANO, V.; BARSOTTI, V., V. Varano - V. Barsotti, La tradizione giuridica occidentale, 7 ed., Giappichelli, Torino, 2021.
Assessment methods and Criteria
For attending students, two tests of different methodologies will be held.
An optional intermediate test can be agreed upon with the teacher on a single topic or theme dealt with in the lessons or a jurisprudential case. It aims to verify the student's ability to recognize and identify sources, critically elaborate scientific material, illustrate a topic or a judgment with specialized language properties, interact collaboratively with other students, and present the results in a technically acceptable way (PowerPoint or other).
The final assessment of skills will take place through a compulsory oral exam aimed at ascertaining the learning of the topics provided in the program, the use of the correct terminology, and the achievement of the teaching objectives.
For non-attending students, the exam consists of an oral, compulsory test aimed at ascertaining the learning of all the topics envisaged in the program, the use of the correct terminology, and the achievement of teaching objectives. The skills necessary to understand and identify problems in new areas, envision solutions, and formulate critical judgments will also be considered.
An optional intermediate test can be agreed upon with the teacher on a single topic or theme dealt with in the lessons or a jurisprudential case. It aims to verify the student's ability to recognize and identify sources, critically elaborate scientific material, illustrate a topic or a judgment with specialized language properties, interact collaboratively with other students, and present the results in a technically acceptable way (PowerPoint or other).
The final assessment of skills will take place through a compulsory oral exam aimed at ascertaining the learning of the topics provided in the program, the use of the correct terminology, and the achievement of the teaching objectives.
For non-attending students, the exam consists of an oral, compulsory test aimed at ascertaining the learning of all the topics envisaged in the program, the use of the correct terminology, and the achievement of teaching objectives. The skills necessary to understand and identify problems in new areas, envision solutions, and formulate critical judgments will also be considered.
IUS/02 - COMPARATIVE PRIVATE LAW - University credits: 9
Lessons: 60 hours
Professor:
Posenato Naiara
Educational website(s)
Professor(s)
Reception:
For in-person attendance, please contact [email protected] .
Department of Languages, Literatures, Cultures and Mediations - - Piazza Indro Montanelli, 1 Sesto San Giovanni Room 1048