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. 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 the lectures is to provide the studentes with a general knowledge on foreign legal orders and to give them the tools to properly understand those legal experiences. The first part of the teaching 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 year, students will 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 will also acquire the skills to research foreign legal sources and the ability to understand and make proper use of foreign legal materials. They will 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 will be able to update their legal research on their own.

TEACHING METHODS

Teaching is carried out by means of lectures, seminars held by lecturers from other universities, specialists in the subject matter and in-depth studies by students. 

Students with valid certifications for Specific Learning Disorders (SLD), disabilities or other educational needs and having complied with Unige procedures (described here) who need compensatory measures to prepare the exams or during the exams are invited to contact the teacher at the beginning of the course to agree on any teaching methods that, in accordance with the teaching objectives, take into account individual learning styles. For requesting Unige services for students with disabilities and other information, please visit https://giurisprudenza.unige.it/serv_disabili. For further information, please visit https://unige.it/disabilita-dsa and contact the Department's disability liaison officer (isa.fanlo@unige.it).

SYLLABUS/CONTENT

Following an introductory section on comparative law, the lectures will focus on the evolution of legal and philosophical thought that led to the codification movement of the 20th century. Particular attention will be given to the codifications of private law in the French and German legal systems. The course will then focus on the analysis of common law systems: it will cover the historical development of the English legal system and its current structure, with particular regard to the administration of justice and the sources of law; attention will also be given to the distinctive features of the U.S. system. In addition to the historical evolution of these systems, the course will address the sources of law, techniques of legal reasoning, and the most significant legal institutions of the various legal systems studied. An in-depth examination will also be devoted to Chinese law and Islamic law. 

Erasmus students are kindly asked to contact the teacher at francesca.brunetta@unige.it  

RECOMMENDED READING/BIBLIOGRAPHY

Laurea Magistrale in Giurisprudenza

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, II, III, IV 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, II, III, IV and V (addendums excluded)

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

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, II, and III (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, II and III (addendums excluded)

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

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

The timetable for this course is available at: EasyAcademy Portal

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

Laurea Magistrale in Giurisprudenza

Students are considered to be in good standing if they have attended two-thirds of the classes. This attendance requirement remains valid through the fall exam session.

The exam is administered orally during the regular exam sessions (for students enrolled in the second year, the exam may be taken at the end of the course, i.e., after the conclusion of the second module, starting with the May 2027 exam session).

Department of Modern Languages and Cultures 

The syllabus and exam procedures are those specified for the Master’s Degree in Law, but limited to the indicated exam syllabus

Note:  Students enrolled in both the Master’s Degree in Law and those affiliated with the Department of Modern Languages and Cultures must register in advance (no later than 5 days before the exam session) to take the exam during the exam sessions, using the online procedures established and regulated by the University.

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.

Students having a valid certification of disability or Specific Learning Disorders (DSA) and having complied with Unige procedures (described here) may request the use of compensatory measures during the exams (e.g. additional time and/or concept maps). In any case, for further information, please contact the Department’s disability liaison: Isa.Fanlo@unige.it