|SCIENTIFIC DISCIPLINARY SECTOR||IUS/02|
|MODULES||This unit is a module of:|
The course aims to reconstruct the genesis of the Western legal tradition within the European continent starting from the legal renaissance after the year 1000 and to offer students basic notions on the subject with particular reference to the following topics:
- Object and purpose of the legal comparison
- Terminology and classification of legal systems
- The notion of Western legal tradition
- Historical features of the formation of common law and civil law models
- Knowledge of non-western legal tradition.
Particular attention will therefore be paid to the French and German models, to the historical formation of the English legal system and its current structure, also offering an overview of the developments of the common law in the United States and its main characteristics.
Individual study, attendance at lessons and participation in organized training activities will allow the student to:
- Understand, orient and remember the main theories of legal comparison
-Identify the reasons that determine the change and evolution of the law
- Evaluate the different legal solutions existing in the considered legal systems
- Present the content of scientific articles and foreign judgments
- Demonstrate to have acquired appropriate specialized language and correct terminology
The module will take place through frontal lectures for a total of 36 hours (corresponding to 6 CFU), during which practical cases previously made available to students will also be proposed and discussed.
During the academic year, seminars and meetings with specialists - to which students will be invited to participate in order to deepen some topics under examination - will be organized.
The lectures are aimed at providing basic knowledge and illustrating the main problematic issues concerning the topics addressed. The moments of discussion are instead aimed at stimulating the critical learning of students who are asked to develop their own understanding; this understanding starts from the reading of the proposed materials and the knowledge transmitted by the teacher and aims to promote students' autonomous awareness of the topics covered.
Lessons will take place in the traditional way (face-to-face lessons); however, should the ongoing pandemic situation make it necessary, they will be held on line, according to the instructions that will be promptly provided through the "aulaweb" platform.
The teacher will use aulawb for announcements relating to lectures, seminars and conferences by uploading useful materials including slides dealing with the topics addressed in class.
The module introduces the student to legal comparison, with particular reference to the study of issues such as legal translation, legal transplants, circulation of models, various comparative theories and methods, as well as families of systems.
In the context of the comparison between common law systems and civil law systems, the subject of study in this module is the historical formation of the English legal system and its current structure, with regard to the administration of justice, the legal profession, the sources of law and to some institutes of particular interest for legal comparison. As for civil law systems, the attention is focused on the analysis of the major civil law codes of the French, German and Italian area, in a comparative perspective.
The program also includes the study of the main traits of Chinese, Islamic and African legal traditions.
G. Ajani, D. Francavilla, B. Pasa, Diritto comparato. Lezioni e materiali, Giappichelli, Turin, 2018, Part One (Chap. 1, 2, 3), Part Two (Chap. 4, 5, 6, 7, 8, 9, 10) and Part Three (Chap. 12, 14) , 15)
For a total of about 300 pages.
G. Ajani, D. Francavilla, B. Pasa, Comparative Law. Lessons and materials, Giappichelli, Turin, 2018, Part One (Chap. 1, 2, 3) and Part Two (Chap. 4, 5, 6, 7, 8, 9, 10, 11) and Part Three (Chap. 12 , 13, 14 and 15)
A. Fusaro, Tendenze del diritto privato in prospettiva comparatistica, III Edition, Giappichelli, Turin, 2020, essays number 1, 2, 3, 4, 28, 29.
For a total of about 400 pages.
ELENA ANNA GRASSO (President)
DARIA VITALE (Substitute)
The lessons of the first semester will take place from 13 September to 3 December 2021
Since the examination is unique, please refer to what is written for exam description of Comparative Private Law 64986
SLIPA students can take the exams starting from the winter session in December.
SLIPA attending students can take the written test provided at the end of module I. If attending students do not want to make use of this possibility they will have to refer to the syllabus for attending students included in the Manifesto.
Since the exam is unique, please refer to what is written in the form Comparative private law 64986.
SLIPA attending students can take the written test provided at the end of module I. If attending students do not want to make use of this possibility, they will have to refer to the syllabus for attending students of module I included in the Manifesto. The syllabus for non-attending students of module I is included in the Manifesto as well. Attendance is valid until the autumn session of the following academic year.