Scientific Disciplinary Sector (SSD)
IUS/02 - COMPARATIVE PRIVATE LAW
2° periodo lezioni (2A) dal Feb 14, 2022 al Mar 26, 2022.
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.
In-presence classes (5 CFU, 30 hours)
After a brief introduction to methodology, functions and modalities of legal comparison, the first part of the course deals with legal families and traditions. The main modes of law formation will be explored: political hegemony, traditional and religious law, rule of law. The main ways in which law functions in the different legal traditions (Western, African and Asian) will be illustrated, focusing in particular on the characteristic features of common law and civil law systems and their evolution.
In the second part, the comparative method will be used to understand the implications and difficulties of the classifications of today's legal systems, thanks also to numerical and empirical comparison, in addition to the classical methods. Particular attention is devoted to the circulation of models and rules between different systems (legal transplants), also in a global perspective, proposing, in the same perspective, the analysis of some institutions that are particularly significant in their systemic scope (liability and trust; torts, etc.).
Distance-learning (Workshops, 12 hours)
Two workshops of 6 hours each devoted to practical exercises on individual aspects for which comparison is an indispensable method of analysing legal data. These include, for example, legal translation, use of indicators, transposition of models, judicial review of legislation.
The course (42 hours) consists of 30 hours of lectures (supported by PowerPoint presentations) and two workshops for a total of 12 hours.
The lectures involve the active participation of the students and constant discussion of the covered topics.
The workshops are structured as group work with the analysis of case studies to be discussed and solved together.
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For those students who attend at least 2/3 of the lessons, the learning assessment is based on a double written test at the end of the course on the programme covered during classes, one for each part of the programme.
In the event of a negative result in one or both written tests, the student will have to take an oral test on the part or parts of the syllabus for which the assessment was negative.
For non-attending students, the examination is oral and is based on the textbook.
For students who attend the lessons and take the tests, the final score will be distributed as follows:
written tests on the two parts of the course - taken simultaneously and on a single sheet of paper (50%+50%);
In the event of a negative result in one or both written tests, the student will have to take the oral test on the part or parts of the course for which the assessment was negative (= up to 100%).
For students who do not attend classes, the score refers to the single oral test.
The evaluation will take place through the following criteria
- depth and breadth of knowledge gained;
- appropriateness of language and terminology;
- analytical and argumentative skills;
- ability to reflect critically and make connections between the topics covered.