Comparative Private Law
A.Y. 2023/2024
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.
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.
Lesson period: Second 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
Second trimester
Course syllabus
The lessons focus on 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 rule 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 with special focus to the transnational trade of food products.
Prerequisites for admission
There are no prerequisites
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
Students have to study the following writings:
A) V. Varano - V. Barsotti, La tradizione giuridica occidentale, 7 edizione, Giappichelli, Torino, 2021
B) H. Kötz - S. Patti, Diritto europeo dei contratti, 2 edizione, Giuffrè, Milano, 2017 (only ps. 339-470)
P.S.: The parts of the book H. Kötz - S. Patti can be replaced by attending students with materials distributed at lesson and/ or made available through the Ariel site of the course
A) V. Varano - V. Barsotti, La tradizione giuridica occidentale, 7 edizione, Giappichelli, Torino, 2021
B) H. Kötz - S. Patti, Diritto europeo dei contratti, 2 edizione, Giuffrè, Milano, 2017 (only ps. 339-470)
P.S.: The parts of the book H. Kötz - S. Patti can be replaced by attending students with materials distributed at lesson and/ or made available through the Ariel site of the course
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 one intermediate test with 2 open-ended questions (for written test) or 3 questions (for oral test). They will be able to take the final oral exam if the intermediate 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 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 the flipped classroom agreed with the teacher and carried out in a student group.
Attending students will have the opportunity to take one intermediate test with 2 open-ended questions (for written test) or 3 questions (for oral test). They will be able to take the final oral exam if the intermediate 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 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 the flipped classroom agreed with the teacher and carried out in a student group.
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