Comparative Private Law
A.Y. 2023/2024
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 can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Third trimester
Course syllabus
Introduction to comparative law and contemporary legal systems in the context of globalization: A) Civil law tradition: the origins and dissemination (from Roman law to states law); the French legal system (background on codification; style and main innovations of the French civil code; interpretation and case law; recent developments in the field of contract and consumption); the German legal system (historical background; German legal schools; the BGB, recent developments in the field of markets); Latin American experiences (the new civil codes; collective rights; consumer law; family law; the interactions between ecological constitutionalism and sustainability); B) Common law tradition: The English legal system (history; common law-equity dualism; judicial organization; sources of law; recent developments). The US system (history, the relevance of the Federal Constitution; judicial organization; sources of law; recent developments); C) Chinese law (the new civil code; the protection of the person, the protection of the environment, civil liability and the market); D) Islamic law (the sources of Islamic law, the contractual models, the legal protection of persons and minors).
Prerequisites for admission
Private law basis.
Teaching methods
The course is carried out through traditional lectures and innovative teaching tools. It encourages better learning of comparative private law topics as well as the development o students' argumentative skills.
Teaching Resources
Essays made available through the Ariel website of the course and one of the following books:
V. Varano - V. Barsotti (eds.), La tradizione giuridica occidentale, Giappichelli, 2021.
or
A. Guarnieri, Lineamenti di diritto comparato, CEDAM, 2022.
V. Varano - V. Barsotti (eds.), La tradizione giuridica occidentale, Giappichelli, 2021.
or
A. Guarnieri, Lineamenti di diritto comparato, CEDAM, 2022.
Assessment methods and Criteria
Oral examination for attending and non-attending students, according to the Faculty calendar of exam sessions. Attending students will have the opportunity to take two intermediate tests (one written test and one teamwork). The final oral exam is based on at least 2 questions for attending students who have successfully taken the intermediate tests; 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 considering the correct use of language, the breadth of knowledge and the ability to highlight the comparative dimension of the legal phenomenon.
IUS/02 - COMPARATIVE PRIVATE LAW - University credits: 9
Lessons: 60 hours
Professors:
Benarafa Jihane, Lanni Sabrina
Educational website(s)
Professor(s)
Reception:
Friday from 10.00 to 12.00. Students have to write 48 hours in advance an email.
Professor's room (room n. 1) or Microsoft Teams