Teaching code

4S009846

Academic staff

Giorgia Guerra, Enrico Andreoli

Coordinator

Giorgia Guerra

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/02 - COMPARATIVE PRIVATE LAW

Period

2nd lecture period (2A) dal Feb 13, 2023 al Mar 25, 2023.

Lessons timetable Moodle Seminars 0

Learning objectives

The course is intended to provide the student with the knowledge of the basics of the comparative method, which is key to understand the phenomena of contemporary societies as well as the categories, meaning, functioning of private and public law tools.

At the end of the course, the student will be able to elaborate on public and private law rules and notions, applying the comparative methodology, in both written and oral forms, developing proper reasoning and argumentation, using an appropriate and specific vocabulary, reaching independent judgement on actual cases.

Prerequisites and basic notions

No prior knowledge is required.

Program

FRONTAL TEACHING (5 CFU, 30 hours)
In the first part, after an introduction on the method, functions and modalities of legal comparison, the course covers the concepts of legal family and legal tradition. The concept of the source of law is then explored, and the main manifestations of the legal phenomenon in the different families and traditions previously analyzed will be illustrated.
In the second part, the comparative method will serve to understand value and criticalities of current legal systems taxonomy, thanks also to the introduction of elements of empirical comparison (e.g., numerical indicators). Particular attention is paid to the circulation of models and rules among different systems (legal transplants), including from a global perspective. Some institutions particularly significant for their systemic scope will be analyzed (trust and trusts; typical and atypical tort moldes; codifications).
LABORATORIES (1 CFU, 12 hours).
Two laboratories of 6 hours each devoted to practical exercises on individual aspects for which comparison is an indispensable method of analyzing legal data.
Through the examination of some case studies, the public law part of the laboratory involves an in-depth study of the topics covered in the frontal lectures, with particular attention to the different forms and ways through which law comes into existence in the different legal families and legal traditions.
The laboratory of the private law part is dedicated to an in-depth study of the topic "the impact of digitalization on European private law" and consists of a practical exercise - solving a case by steps guided according to the problem solving approach - aimed at investigating the effects of digitalization on European private law. The workshop will be a first opportunity to learn how to search for European case law and to try your hand, in groups, at formulating arguments.

Bibliography

Didactic methods

The course (total 42 hours) includes lectures for 30 hours (supported by the use of ppt presentations) and two laboratories for a total of 12 hours.
The teaching methods are distinguished between attending and non-attending students.
Students who attend 80% of classes are considered ATTENDING ones.
ATTENDING students:
The lectures involve the active participation of the students and constant discussion of the topics covered.
The laboratories are structured in the form of group work with the analysis of case studies to be discussed and solved together.
The syllabus can be prepared on the notes of lectures and laboratories, as well as materials made available by Professors in the e-learning platform.
NON-ATTENDING students:
The teaching methods consist of Professors' support of up-to-date textbook study.
Specifically, students are required to bring the following syllabus to the examination:
a) G. Ajani, D. Francavilla, B. Pasa, "Diritto comparato. Lezioni e materiali", Giappichelli, 2018.
ERASMUS Students:
Students are requested to make contact with Professors (giorgia.guerra@univr.it; enrico.andreoli@univr.it) for the precise definition of teaching arrangements.

Learning assessment procedures

The assessment of learning outcomes includes:
a) for ATTENDING students: multiple-choice written test;
b) for NON-ATTENDING students: oral test.

The tests for ATTENDING and NON-ATTENDING students will cover the respectively specified examination program.

Evaluation criteria

Assessment will be through the following criteria:
a) the depth and breadth of knowledge gained;
b) ownership of language;
c) analytical and argumentative ability;
d) the ability to critically reflect and connect the topics covered.

The final evaluation is expressed in thirtieths.
The final grade is made up on the basis of the verification of the criteria mentioned (approximately 1/4 for each criterion). For ATTENDING students, active participation in lectures and laboratories is also taken into account.

Exam language

Italiano