OVERVIEW

Diritto Privato Comparato A-L is organised in two half. After a brief introduction on legal comparison, lectures will focus on principal legal orders of both civil law and common law areas as well as the Chinese and the Islamic traditions. In each semester legal sources (especially judgments) will be studied in their own languages.
Language students: the borrowed course is “Introduzione alla comparazione giuridica e ai sistemi giuridici comparati”, Fraz. A, cod. 64927

AIMS AND CONTENT

LEARNING OUTCOMES

form of comparative legal systems

AIMS AND LEARNING OUTCOMES

The aim of Part I is to provide general knowledge on foreign legal orders and to give to students the tools to proper understand those legal experiences.

This Part is intended to contribute to the education of a professional operating in a complex world marked by the constant need of a comparison between different legal orders and instances of harmonization. This part shall also encourage students to develop a critical attitude in approaching law issues and to enable them to interact with lawyers from different legal traditions.

At the end of the term, students shall have acquired a general knowledge on foreign legal orders main characteristics and they will be able to understand those countries legal sources (in their own languages).  Thanks to a proper case law analysis, students shall acquire also the skills to research foreign legal sources and the ability to understand and make proper use of foreign legal materials. They shall also have developed the ability of (critically) evaluating subjects of their studies.

Students will acquire a general knowledge on principal research paths and on how to use legal databases, so they shall update their legal research on their own.

The course is part of the teaching innovation program run by Ateneo. According to this, the course will be run also by using tools and methodologies like Aulaweb, Wooclap, Team based learning etc. (for more info, see the course’s page on aulaweb).

TEACHING METHODS

Lectures (often run by the use of multimedia tools), seminars and even students work (such as in depth studies on some particular matters). The course is part of a project for the innovation of teaching. More infos on aulaweb.

SYLLABUS/CONTENT

In Part I, after a general introduction on legal comparison, lectures will focus on Common law systems. The analysis will start with the historical development and the actual status of the English legal system (with special focus on administration of justice and English legal sources). Then there will be a description of U.S. law’s peculiarities. It is important to notice that this Part shall not be focused just on historical development, but It will include legal sources analysis, understanding of foreign legal thinking and the explanation of main legal arrangements.

The goal of this Part is to increase the knowledge of foreign legal orders by the analysis of legal orders really different from the Italian such as the Chinese one, the Japanese one and those based on Islamic law. That’s why the course will host classes taught by scholars (from other Universities) that have gained a deep knowledge on those legal systems. Keeping in mind that this course aim is to train professionals able to interact with lawyer from different legal orders and with different legal cultures.

RECOMMENDED READING/BIBLIOGRAPHY

Attendance students

Notes and material on aulaweb, plus V. Varano – V. Barsotti, La tradizione giuridica occidentale, vol. I, Testo e materiali per un confronto civil law common law, 7° ed., Torino, 2021, ch. I, III, and  V (addendums excluded)

In employment students
V. Varano – V. Barsotti, La tradizione giuridica occidentale, vol. I, Testo e materiali per un confronto civil law common law, 7° ed., Torino, 2021, ch. I, III and V (addendums excluded)

R. Cavalieri (cur.), Diritto dell’Asia Orientale, 2° ed, Venezia, 2019, pagg. 15-129

TEACHERS AND EXAM BOARD

Exam Board

FRANCESCA BRUNETTA D'USSEAUX (President)

UMBERTO DE MAGISTRIS

ELENA ANNA GRASSO (President Substitute)

GIANLUCA ALLEGRI (Substitute)

ALESSANDRO CAPROTTI (Substitute)

MATTEO PATRONE (Substitute)

SIMONE PITTO (Substitute)

LESSONS

LESSONS START

I semester from September 13th to December 3th 2021
 

Class schedule

INTRODUCTION TO COMPARATIVE LAW AND TO COMPARATIVE LEGAL SYSTEMS A

EXAMS

EXAM DESCRIPTION

Please, see the instructions given for tha main course (Diritto privato comparato A-L)

In order to take the exam, you must register for it (at least 5 days before the date) by following the online procedure.

ASSESSMENT METHODS

The aim of the exam is to assess student knowledge of foreign legal orders key elements. It is also to verify the achievement of a proper legal vocabulary and the ability to sort and understand sources of law specially those seen in class. Examiners will ascertain the skill of connecting different topics.

Exam schedule

FURTHER INFORMATION

Exams in 2020/2021

More detailed instruction will be given (by e-mail) to registered students the day before the exam.

Please, read the guidelines by the Ateneo for online exams and, if you still have question, contact the teacher.