Teaching code

4S00332

Teacher

Marco Torsello

Coordinator

Marco Torsello

Credits

9

Language

English

Scientific Disciplinary Sector (SSD)

IUS/02 - COMPARATIVE PRIVATE LAW

Period

2° periodo lezioni (2A), 2° periodo lezioni (2B)

Courses Single

Authorized

Lessons timetable Moodle Seminars 0

Learning objectives

This course provides students with an introduction to comparative methodologies in the study of law, focusing on the distinction between the civil law and the common law legal tradition and on the process of unification of private law. Moreover, through the study of specific issues relevant to private business relationships (property, contract, torts, IP), it provides students with a comparative analysis of legal solutions found in different legal systems and in supranational uniform law instruments. Upon completion of the course, students shall have acquired the ability to identify and analyze problems common to several national and transnational legal systems, to identify the different legal solutions available and measure similarities, differences and effectiveness, through critical thinking and personal analysis. Moreover, they shall have developed the abilities to arrange for solutions and use legal arguments, as required in subsequent years of study and in the exercise of professional activities related to the topics covered by the course.

Prerequisites and basic notions

The course presupposes the prior acquisition of the basic notions of private law confirmed by the successful completion of the relative exam.

Program

The expected learning outcomes for this course are:
(A) Knowledge:
1. Using comparative methodologies in the analysis of private law matters to measure similarities and differences between the main legal systems;
2. Identifying the law applicable to a transnational private relationship, by selecting between national and supranational legal sources;
3. Arranging the national solutions adopted as regards the law of property, contract, and torts under the different models that characterize different legal traditions;
4. Acquiring the basic legal tools necessary to practice the legal profession in a transnational context.
(B) Skills:
5. Utilizing the freedom granted to party autonomy to efficiently select the law applicable to a given relationship based on a comparative analysis of the solutions adopted in different legal systems;
6. Transposing legal concepts from one legal system to another with an emphasis on the conceptual differences in legal notions that appear to be similar;
7. Predicting and guiding the process of identification, interpretation, and application of foreign law before national courts.
With the view to pursuing the said learning outcomes, the course will cover the following topics:
- Object and methodology of comparative law;
- The Western legal tradition and the distinction between civil law and common law;
- National law, conflict of laws, and unification of law;
- Comparative contract law: formation and fairness of the contract;
- Comparative contract law: performance, non-performance, and supervening events;
- Comparative law of torts: liability for fault;
- Comparative law of torts: strict liability;
- Comparative law of property;
- Comparative IP law.

Bibliography

Didactic methods

The course will include lectures and classes based on a Socratic method.

Learning assessment procedures

The exam will take place in form of an oral test where the student will be required to present the topics covered throughout the course.
For students regularly attending classes there will be an optional written multiple-choice test on the topics covered in class. The grade acquired through the written test may, in any case, be increased in the oral test.

Evaluation criteria

The degree of acquisition of the competencies and skills envisaged as learning outcomes will be assessed.

Criteria for the composition of the final grade

For students attending the course, a part of the grade, up to 50%, will depend on participation in the discussions and workshops that will be held during the year. For the remainder, the grade will be based on the final exam.
For non-attending students, the grade will be entirely based on the final exam.

Exam language

English / Italiano