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INTRODUCTION TO COMPARATIVE LAW AND TO COMPARATIVE LEGAL SYSTEMS

CODE 64927
ACADEMIC YEAR 2022/2023
CREDITS
  • 12 cfu during the 2nd year of 7995 GIURISPRUDENZA(LMG/01) - GENOVA
  • 6 cfu during the 2nd year of 9265 LINGUE E LETTERATURE MODERNE PER I SERVIZI CULTURALI(LM-38) - GENOVA
  • 6 cfu during the 2nd year of 9265 LINGUE E LETTERATURE MODERNE PER I SERVIZI CULTURALI(LM-37) - GENOVA
  • 6 cfu during the 2nd year of 8743 TRADUZIONE E INTERPRETARIATO (LM-94) - GENOVA
  • SCIENTIFIC DISCIPLINARY SECTOR IUS/02
    LANGUAGE Italian
    TEACHING LOCATION
  • GENOVA
  • SEMESTER 1° Semester
    SECTIONING This unit is divided into 2 sections:
    MODULES This unit is a module of:
    TEACHING MATERIALS AULAWEB

    OVERVIEW

    Diritto Privato Comparato A-L is organised in two halves. 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 info 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

    Laurea Magistrale in Giurisprudenza

    Part I

    Attending 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)

    NOT attending 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, pp. 15-129

     

    Part II

    Attending 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, cap. II e IV (addendums excluded)

    NOT attending 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, cap. II e IV (addendums excluded)

    M. Lupoi, Sistemi giuridici comparati, Traccia di un corso, ESI, 2001, pp. 1- 172

     

    Department of Languages and Modern cultures  

    Attending 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)

    NOT attending 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, pp. 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

    Class in the I semester will take place from September 19th to December 9th 2022
     

    EXAMS

    EXAM DESCRIPTION

    Laurea Magistrale in Giurisprudenza

    Attending students will take two written examinations, the first one – at the end of Part I – in December 2022 and the second one – at the end of Part II – in May 2023. The exam will be on the programs taught in class, included the arguments subject on an in-depth-studying and the materials used in class (on aulaweb). The final mark will be the arithmetic mean of the marks students got in the two written examination, but the teacher may still increase the final marks in cases of particular outcomings. 

    If attending students do not want to take both of the two written examinations, they may take the (oral) exam at the dates fixed by the Department's schedule. In this case students must study the books indicated on the Manifesto (in this case, the exam is a whole and students must take it in one solution. 2nd year students must take the exam not before the end of the course, after the conclusion of the second Part, so from may 2023).

    Attending students must attend at least 2/3 of the classes of the entire course. Attending will be checked by random roll calls. Attendance will last until autumn of the next academic year.

    NOT attending students: They must take the oral exam in one solution at the end of the course, during regular session of examination) 2nd year students must take the exam not before the end of the course, after the conclusion of the second Part, so from may 2023).

    If there will be to many students enlisted for the oral exam, there may be a brief written multiple-choice test on aulaweb (for both attending and not attending students). Only students who will pass the multiple-choice test will take the oral exam.  

    Department of Languages and Modern cultures  

    Syllabus and exam descriptions are the same as those for Laurea Magistrale in Giurisprudenza students, respectively for attending and not attending student, limited to Part I (for attending students there will be a written examination in December 2022).

    Please note: All the students that want to take the oral exam must register online (within 5 days from the exam's day) by following the University's specific procedures.

    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

    Date Time Location Type Notes