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, considering statutory 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 jurisdictions, through lectures and specific subject follow up. Lectures may be held by judges, lawyers 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 course is to introduce students to the main problems concerning family law, supplying them with the instruments to correctly understand foreign legal systems.

The course will help students in their training as professionals who works in a complex reality. A new reality that is characterized by the ongoing confrontation between different legal cultures and by the demands of harmonization of laws and legal traditions. The course will promote a critical approach on the matters that were approached in foreign legal cultures.

At the end of the course, students shall have acquired a basic knowledge of the main legal arrangements. Students shall be able to understand sources of law (even in a foreign language) and to notice the proper interactions between national and international law. Thanks to in-depth studies and to case law analysis, students will acquire the ability in finding sources and to understand and use foreign legal sources.

Also, students will gain a basic knowledge on main research patterns and tools, like legal database, in order to update by themselves their knowledge in the comparative field.

PREREQUISITES

Knowledge of at least one of the following languages: English, French, German.

Knowledge of the comparative method

N.B. please, check all the pre-requisites exames on the Manifesto

TEACHING METHODS

The course will be taught by lectures (also with the help of multimedia tools) and seminars run by scholars (even from other Universities) with a deep knowledge on the field. There may be also in-depth studies made directly by students.The Team Based Learning methodology will also be used during the course.

SYLLABUS/CONTENT

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

RECOMMENDED READING/BIBLIOGRAPHY

Attending students:

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

Not attending students:

Textbook is still on printing. Students may write to francesca.brunetta@unige.it for further informations. 

TEACHERS AND EXAM BOARD

Exam Board

FRANCESCA BRUNETTA D'USSEAUX (President)

ELENA ANNA GRASSO

ALESSANDRO CAPROTTI (Substitute)

UMBERTO DE MAGISTRIS (Substitute)

MATTEO PATRONE (Substitute)

SIMONE PITTO (Substitute)

LESSONS

LESSONS START

Class in the II semester will take place from February 13th to May 12th 2023

Lesson starts tuesday 14th february 2023 aula Bensa 15,00-17.00

Class schedule

FAMILY COMPARATIVE LAW

EXAMS

EXAM DESCRIPTION

At the end of the course (in may 2023) attending students will 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 exam on the sessions indicated on the University web-page. The exam will be on the materials given by the teacher, so please write at francesca.brunetta@unige.it (because, at the moment, the textbook is still on printing).

To attend the exam, it is mandatory to enlist yourself (at least 5 days before the date) following the on-line procedure as established by Ateneo.

ASSESSMENT METHODS

Exams will test the knowledge of the main arguments analysed in class. It will test students' legal vocabulary, their ability to use and search legal sources (both Italians and foreigners) and their capacity of connecting different subjects.

Exam schedule