Comparative Private Law Advanced
A.Y. 2023/2024
Learning objectives
The course aims to introduce students to the study of European and non-European contractual models, identifying similarities and differences between them.
Thus, the course will offer students the most appropriate tools and methods to understand the nature, functions and peculiarities of these models.
Thus, the course will offer students the most appropriate tools and methods to understand the nature, functions and peculiarities of these models.
Expected learning outcomes
Knowledge and understanding. Students must demonstrate basic knowledge of the comparative method.
Application. Students must demonstrate the ability to apply the comparative method in consideration of the differences and similarities between relevant contract law.
Autonomous evaluation. Students must exhibit capacity to analyze and argue issues covered during the course in an original manner, with particular reference to the cases and materials presented during lecture and relevant legal rationale.
Communication skills. Students must be able to argue and express legal concepts by using precise language and appropriate legal terminology.
Learn. Students must display understanding of the primary characteristics of various contractual disciplines, their similarities and differences.
Application. Students must demonstrate the ability to apply the comparative method in consideration of the differences and similarities between relevant contract law.
Autonomous evaluation. Students must exhibit capacity to analyze and argue issues covered during the course in an original manner, with particular reference to the cases and materials presented during lecture and relevant legal rationale.
Communication skills. Students must be able to argue and express legal concepts by using precise language and appropriate legal terminology.
Learn. Students must display understanding of the primary characteristics of various contractual disciplines, their similarities and differences.
Lesson period: Second semester
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 semester
Course syllabus
Today's jurist lives in a globalized world that requires not only knowledge of one's own national law, but also foreign, supranational and soft law instruments. The course will use comparative and case law methods to introduce students to comparative contract law. Particular attention will be given to the process of standardization of European law and to the primary soft law instruments. Students will examine cases from different legal systems (Italy, France, Germany, England, the United States and the Netherlands), learning both the substantive law and the legal reasoning behind the choices of legislators or courts.
After an introduction to comparative analysis, the course will focus on contract law in general, including: formation, offer and acceptance, causa and consideration, good faith, nullity and other forms of invalidity, termination, damages and pre-contractual liability.
Students who have followed more than one comparative private law course or module will be favored for thesis assignment in comparative private law.
After an introduction to comparative analysis, the course will focus on contract law in general, including: formation, offer and acceptance, causa and consideration, good faith, nullity and other forms of invalidity, termination, damages and pre-contractual liability.
Students who have followed more than one comparative private law course or module will be favored for thesis assignment in comparative private law.
Prerequisites for admission
No prerequisites
Teaching methods
In addition to frontal lectures, the subject will be studied in-depth through the presentation and discussion of case law (to be provided). In this manner, students will be given the opportunity to discuss issues and further develop their ability to think critically and refine legal reasoning skills. Guest professors will be invited to join the class
Teaching Resources
Attending and non-attending students will take an oral exam, consisting of an interview of approximately 25 minutes, on the textbook indicated below:
C. Marchetti - R. Cerchia, Il contract in Inghilterra, lezioni e materiali (Contract in England, lessons and materials), Milano, Giappichelli, 2012.
Attending students could ask for an early written test.
C. Marchetti - R. Cerchia, Il contract in Inghilterra, lezioni e materiali (Contract in England, lessons and materials), Milano, Giappichelli, 2012.
Attending students could ask for an early written test.
Assessment methods and Criteria
Attending and non-attending students will take an oral exam, consisting of an interview of approximately 25 minutes on the textbook indicated below:
C. Marchetti - R. Cerchia, Il contract in Inghilterra, lezioni e materiali, Milano, Giappichelli, 2012.
Exams will be held according to the indicated exam schedule, with the possibility of fixing an early written test date for interested attending students.
Grades are expressed with a mark in thirtieths, with possible honors.
C. Marchetti - R. Cerchia, Il contract in Inghilterra, lezioni e materiali, Milano, Giappichelli, 2012.
Exams will be held according to the indicated exam schedule, with the possibility of fixing an early written test date for interested attending students.
Grades are expressed with a mark in thirtieths, with possible honors.
IUS/02 - COMPARATIVE PRIVATE LAW - University credits: 6
Lessons: 42 hours
Professor:
Cerchia Rossella Esther
Educational website(s)
Professor(s)