OVERVIEW

The evolution of society deeply influences family law, often resulting in radical changes. This course adopts a comparative approach on examining some of these changes, taking into account statutary as well as case law, both at a national and supranational level. The course offers students the opportunity to deepen recent developments in family law in other countries, through lectures and specific subject follow up; lecturer will include judges, solicitors and scholars from other Universities, specialised on the concerned matters.

AIMS AND CONTENT

LEARNING OUTCOMES

Personal and property relations in the family context and generally in couples of the European Union countries and the United States; jurisprudential and normative data.

AIMS AND LEARNING OUTCOMES

The aim of the lessons is to introduce students to the main problems concerning family law, supplying them with the instruments to correctly understand foreign legal systems.

In contemporary world the knowledge of lawyers cannot focus anymore just on his own legal system. Students must comprehend foreign legal thinking and be able to work in a manifold reality, characterised by the necessity of comparison among different cultures, and be aware of the instances of harmonisation of different rights and cultures, trying to develop a critical approach to the single questions tackled during the lessons.

At the end of the lessons students will be able to use and search legal sources of different legal systems

PREREQUISITES

Knowledge of at least one of the following languages: english, french, german.

Knowledge of the comparative method

TEACHING METHODS

Lectures, seminars and eventual students work in depth study

The course offers students the opportunity to deepen recent developments in family law in other countries, through lectures and specific subject follow up; lecturer will include judges, solicitors and scholars from other Universities.

SYLLABUS/CONTENT

The course analyses, with a comparative approach, some of the great changes in family law, such as the evolution of the marriage contract and the regulation of civil unions. Specific attention will be devoted to the adoption of children with reference to the case law of the European Court of Human Rights. Other topics will be motherhood by surrogacy, the rights of transexuals and intersex people.

RECOMMENDED READING/BIBLIOGRAPHY

Attending students:

Materials showed in class, online on aulaweb (Diritto di famiglia comparato)

Non attending students:

R. Torino, La tutela della vita famigliare delle coppie omosessuali nel diritto comparato, europeo ed italiano, Torino, 2012

TEACHERS AND EXAM BOARD

Exam Board

FRANCESCA BRUNETTA D'USSEAUX (President)

ELENA ANNA GRASSO

ALESSANDRO CAPROTTI (Substitute)

UMBERTO DE MAGISTRIS (Substitute)

MATTEO PATRONE (Substitute)

ANDREA PERELLI (Substitute)

LESSONS

LESSONS START

II semester from February 15th to May 7th 2021

Class schedule

FAMILY COMPARATIVE LAW

EXAMS

EXAM DESCRIPTION

Attending students

At the end of the course (in may 2020) attendance students can take a written examination focused on the lessons, including investigations about specific themes, integrated by materials and case law discussed during the lectures (to be found online on aulaweb)

For non attending students there will be an oral test (based on textbook) on the exam sessions indicated online on Unige web page.

To attend the exam, it is mandatory to enrol (at least 48h before the session) following the on-line process.

ASSESSMENT METHODS

Exams will test the knowledge of the main arguments analysed in class or explained in the text. It will test student's legal vocabulary, their ability to use and search legal sources and capacity of connecting different subjects.