The student will be encouraged to reflect on the critical points of the issues discussed in order to develop the skill of identifying and describing the differences between our legal system and those of other European countries in relation to the main private law institutions.
The student will enable familiarity with the foreign legal provisions, and with the choices made by the juges in case law. Comparison with common law systems will allow noticing unexpected cultural analogies hidden behind different concepts and categories, revealing convergences in the solutions for the same cases ruled within different legal systems.
Lectures. It is necessary to know the Italian private law, therefore it is recommended to review the chapters of the book of Istituzioni di diritto privato relating to the institutions that will be referred to.
Attending Students:
The second module focuses on the examination of some foreign rulings, in order to discuss about the solutions adopted to rule the cases; to grasp the evolution of foreign law systems; to assess how the Courts reached certain decisions, also taking into account the legal context in which the decisions were issued; to identify similarities in different jurisdictions.
Not-attending students:
The second module focuses on the in-depth analysis, from a comparative perspective, of some recurrent issues concerning the institutions of private law such as, in particular, human rights, no-profit entities, family and succession law, ownership and other property rights, the contract, the organization of the legal professions, underlying the evolution undergone within these areas in recent decades both in European law and in English and American law.
Attending students:
S. FERRERI - A. PILETTA MASSARO, Casi di comparazione giuridica, Torino, 2024, and the rulings therein mentioned.
A. FUSARO, Tendenze del diritto privato in prospettiva comparatistica, Torino, Giappichelli, Third edition 2020 (about 560 pages)
Ricevimento: FUSARO ANDREA Office hours: Monday 09.00 - 10.00 at the Istituto di diritto privato Casaregis in via Balbi 22, 4° floor, scala A during the period of lessons. During the examination period: by appointment only (please send an e-mail to Andrea.Fusaro@unige.it).
ANDREA FUSARO (President)
FRANCESCA BRUNETTA D'USSEAUX (President Substitute)
ANDREA ALBERTO BELLOLI (Substitute)
CARLA CARRASSI (Substitute)
FRANCO LONGO (Substitute)
I semester: from September 19th to December 9th 2023 II semester: from February 13th to May 5th 2024
The course, although divided into modules, is unique. Therefore, the exam takes place orally at the end of the lessons of both modules, during the ordinary examination sessions.
N.B.: Students who have attended 2/3 of the lessons are considered attending students. Attendance will be ascertained through periodic roll calls.
