Comparative Private Law
A.Y. 2026/2027
Learning objectives
The course is intended to provide students with:
- A basic knowledge of the comparative method and the fundamental features of the great legal traditions in their historical and contemporary evolution;
- The ability to apply the comparative method and awareness of the current results achieved by comparative science in relation to the divergences and convergences between the great legal traditions and the main contemporary legal systems;
- A capacity for original analysis and argumentation in relation to the issues addressed in the course, with particular reference to cases and materials discussed in the classroom;
- The ability to use precise language and legal terminology to express and demonstrate strong awareness of legal concepts and categories, including the problems of legal translation;
- Understanding of the main characteristics of different legal traditions, as well as their similarities and differences.
- A basic knowledge of the comparative method and the fundamental features of the great legal traditions in their historical and contemporary evolution;
- The ability to apply the comparative method and awareness of the current results achieved by comparative science in relation to the divergences and convergences between the great legal traditions and the main contemporary legal systems;
- A capacity for original analysis and argumentation in relation to the issues addressed in the course, with particular reference to cases and materials discussed in the classroom;
- The ability to use precise language and legal terminology to express and demonstrate strong awareness of legal concepts and categories, including the problems of legal translation;
- Understanding of the main characteristics of different legal traditions, as well as their similarities and differences.
Expected learning outcomes
By the end of the course, successful students will have a thorough knowledge of course topics and will have acquired the tools to understand the comparative method, its nature and usefulness.
Lesson period: First 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
Surname A-D
Responsible
Lesson period
First semester
Course syllabus
Legal comparison.
The diversity and uniformity of law.
The Western legal tradition.
English law, from its origins to the present day.
The legal experience of the United States of America.
The common roots of Civil Law systems.
The French model.
The German system.
Modern Civil Law systems between French and German influences.
Eastern Europe and the socialist model.
The law of Islamic countries.
Indian law.
Law in the Far East (China, Japan).
Sub-Saharan Africa.
The diversity and uniformity of law.
The Western legal tradition.
English law, from its origins to the present day.
The legal experience of the United States of America.
The common roots of Civil Law systems.
The French model.
The German system.
Modern Civil Law systems between French and German influences.
Eastern Europe and the socialist model.
The law of Islamic countries.
Indian law.
Law in the Far East (China, Japan).
Sub-Saharan Africa.
Prerequisites for admission
No prerequisites
Teaching methods
The course is delivered through traditional lectures. In addition, Italian and international lecturers will participate, addressing topics of particular interest.
Further exploration of comparative private law may also be pursued through supplementary modules chosen by the student.
Further exploration of comparative private law may also be pursued through supplementary modules chosen by the student.
Teaching Resources
Texts for exam preparation (9 credits):
A. Gambaro - R. Sacco, Sistemi giuridici comparati, 5th ed., Torino, Utet, 2024.
A. Candian - A. Gambaro, Casi e materiali per un corso di diritto privato comparato, 3rd ed., Torino, Giappichelli, 2025.
Recommended reading:
R. Sacco, Che cos'è il diritto comparato, Milano, Giuffrè, 1992.
A. Gambaro - R. Sacco, Sistemi giuridici comparati, 5th ed., Torino, Utet, 2024.
A. Candian - A. Gambaro, Casi e materiali per un corso di diritto privato comparato, 3rd ed., Torino, Giappichelli, 2025.
Recommended reading:
R. Sacco, Che cos'è il diritto comparato, Milano, Giuffrè, 1992.
Assessment methods and Criteria
Examinations are held according to the scheduled calendar. Both attending and non-attending students will take an oral exam consisting of a 20-25 minute interview based on the textbooks listed below.
The oral exam is graded on a scale of thirty, with honors (cum laude) awarded where appropriate.
Evaluation criteria for the oral exam include the accuracy of content, clarity of argumentation, and the ability to engage in critical analysis and original interpretation.
The oral exam is graded on a scale of thirty, with honors (cum laude) awarded where appropriate.
Evaluation criteria for the oral exam include the accuracy of content, clarity of argumentation, and the ability to engage in critical analysis and original interpretation.
IUS/02 - COMPARATIVE PRIVATE LAW - University credits: 9
Lessons: 63 hours
Professor:
Candian Albina
Shifts:
Turno
Professor:
Candian AlbinaSurname E-N
Responsible
Lesson period
First semester
IUS/02 - COMPARATIVE PRIVATE LAW - University credits: 9
Lessons: 63 hours
Professor:
Cerchia Rossella Esther
Shifts:
Turno
Professor:
Cerchia Rossella EstherSurname O-Z
Responsible
Lesson period
First semester
Course syllabus
Comparative legal systems. Legal comparison. Diversity and uniformity of law. The Western legal tradition. Common law and Equity in England. The American legal experience. The roots of Common law and the experiences of Civil law. The French model. The German model. The modern systems of Civil law, between French and German influences. Islamic law.
Prerequisites for admission
Private law, Constitutional law (not for erasmus students). Exceptionally, students who have not already passed the above mentioned courses may be allowed to attend the course and take the exam afterwards.
Teaching methods
The lessons are lectures. It is expected the participation of Italian and foreign academics invited to deepen particular topics.
The subject of comparative private law can also be deepened with the participation in optional modules.
The subject of comparative private law can also be deepened with the participation in optional modules.
Teaching Resources
A. Gambaro - R. Sacco - M. Graziadei, Sistemi giuridici comparati (Comparative Legal Systems), 5th edition, Torino, Utet, 2024, limited to the following arguments: Legal comparison. The diversity and uniformity of law. The Western legal tradition. Common law and Equity in England. The legal American legal experience. The French Model. The German model. Islamic law.
A. Candian - A. Gambaro, Casi e materiali per un corso di diritto privato comparato (Cases and Materials for Course on Comparative Private Law), 3nd edition, Torino, Giappichelli, 2025: limited to the materials on English and American Common law systems.
Recommended reading:
R. Sacco, Che cos'è il diritto comparato (What is Comparative law), Milano
A. Candian - A. Gambaro, Casi e materiali per un corso di diritto privato comparato (Cases and Materials for Course on Comparative Private Law), 3nd edition, Torino, Giappichelli, 2025: limited to the materials on English and American Common law systems.
Recommended reading:
R. Sacco, Che cos'è il diritto comparato (What is Comparative law), Milano
Assessment methods and Criteria
Examinations will be held in accordance with the official examination schedule and will consist of a single oral examination lasting approximately 20-25 minutes.
Grades will be awarded on a 30-point scale, with honours for outstanding performance.
Students will be assessed on the substantive accuracy and argumentative clarity of their answers, as well as on their ability to critically analyse and synthesise the topics covered in the course.
Grades will be awarded on a 30-point scale, with honours for outstanding performance.
Students will be assessed on the substantive accuracy and argumentative clarity of their answers, as well as on their ability to critically analyse and synthesise the topics covered in the course.
IUS/02 - COMPARATIVE PRIVATE LAW - University credits: 9
Lessons: 63 hours
Professor:
Marchetti Carlo
Shifts:
Turno
Professor:
Marchetti CarloProfessor(s)
Reception:
Fri 14.30
Dipartimento di Diritto Privato e Storia del Diritto - 1° piano