00232 - Comparative Private Law

Learning outcomes

The course will introduce students to a comparative knowledge of legal concepts of private law, in order to provide them tools to a better understanding of different legal systems and foreign rules. Peculiar attention will be devoted to the legal uniformation process as related to economic and legal globalization, as well as to the European integration process, pointing out the role of comparative law also in the field of international contracts.

Course contents

Introduction to comparative law -  Circulation of models and legal transplants - Legal formants and cryptotypes - Legal translation

Civil law, common law and mixed jurisdictions -

Microcomparison - Comparative contract law - Comparative tort law - IP protection, comparative and misleading advertising- Product liability  - Trust -

Islamic law and Islamic finance -

International contracts: negotiation, drafting and formation - The UN Convention on Contracts for the International Sale of Goods - The resolution of disputes arising out of international contracts

Readings/Bibliography

A. Non-attending students shall study the following 3 textbooks:

1. Vincenzo Varano – Vittoria Barsotti, La tradizione giuridica occidentale, vol. I, testo e materiali per un confronto civil law common law, Eighth edition, Giappichelli, Torino, 2024, pp. 1-49, 105-184, 255-357.

2. Marina Timoteo, Grammatiche del diritto - In dialogo con Paolo Grossi, Il Mulino Bologna ed., 2020.

3. F. Bortolotti, Il contratto internazionale: tecniche di redazione, legge applicabile, risoluzione delle controversie, 3rd edition, Cedam, Padova, 2024, pp. 3-190 e 329-346.

 

B. Attending students shall study:

1. The textbook Vincenzo Varano – Vittoria Barsotti, La tradizione giuridica occidentale, vol. I, testo e materiali per un confronto civil law common law, Eighth edition, Giappichelli, Torino, 2024, pp. 1-49, 105-184, 255-357

And

2. the material adopted or recommended during the lessons.

 

COMPLEMENTARY ACTIVITIES OF PRIVATE COMPARATIVE LAW (3CFU):

Marina Timoteo, Grammatiche del diritto - In dialogo con Paolo Grossi, Il Mulino Bologna ed., 2020.

 

 

Teaching methods

The course will be developed through lessons and seminars. Regular attendance will be ascertained through student's self-certification.

Assessment methods

The final exam will be held on oral form. Attending students will be granted ad hoc exam.

The course will be carried out in the first semester.

The students’ knowledge is assessed through a discussion, to evaluate the actual achievement of the learning outcomes. The exam consists in an interview with the  commission on the topics included in the programme.

The assessment will take into account the knowledge of the relevant institutional framework, the ability to analyse doctrinal and jurisprudential opinions as well as the role of further formants, and, to single out connections between the relevant topics, to critical reasoning, as well as the clarity of presentation and critical thinking.

Teaching tools

Educational material will be uploaded and made available in the "Virtuale" platform, as well as slides related to the main topics dealt with during the course.

Students with disabilities or with specific learning disorders (DSA) and needing compensatory measures, shall inform the Professor in order to arrange the adoption of adequate means.

Office hours

See the website of Laura Maria Franciosi