Teaching code

4S009846

Academic staff

Giorgia Guerra, Enrico Andreoli

Coordinatore

Giorgia Guerra

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/02 - COMPARATIVE PRIVATE LAW

Period

2° periodo lezioni (2A) dal Feb 12, 2024 al Mar 22, 2024.

Courses Single

Authorized

Lessons timetable Moodle Seminars

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)
i) In the first part (public law), after an introduction on 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 (forms of state, forms of government, modes of production of legal phenomenon).
ii) In the second part (private law), 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; 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.
i) 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.
ii) 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 (42 hours in total) includes frontal lessons 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 the lessons are considered ATTENDING.

i) ATTENDING students:
The frontal classes provide for the active participation of the students and the 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 program can be prepared on the notes of classes and laboratories, as well as on the materials made available by the professors in the e-learning platform.

ii) NON-ATTENDING students:
The teaching methods consist in providing support from the professors for an updated textbook study.
In particular, students are required to bring the following program to the exam site:
a) G. Ajani, D. Francavilla, B. Pasa, "Diritto comparato. Lezioni e materiali" (Giappichelli, 2023):
- Volume I, chaps. 1-2-3;
- Volume II, chaps. 1-2-3-5-6-7-8.

iii) ERASMUS students:
Students are invited to contact the professors (giorgia.guerra@univr.it; enrico.andreoli@univr.it) for the precise definition of teaching methods.

Learning assessment procedures

The assessment of learning outcomes includes:
a) for ATTENDING students: semi-structured written test (multiple-choice and open-ended answers);
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).

Exam language

Italiano

Sustainable Development Goals - SDGs

Questa iniziativa contribuisce al perseguimento degli Obiettivi di Sviluppo Sostenibile dell'Agenda 2030 dell'ONU.
Maggiori informazioni su www.univr.it/sostenibilita