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Course 2020-2021 a.y.

50242 - COMPARATIVE PRIVATE LAW

CLMG
Department of Law

Course taught in English

Go to class group/s: 31

CLMG (9 credits - I sem. - OBS  |  IUS/02)
Course Director:
PIETRO SIRENA

Classes: 31 (I sem.)
Instructors:
Class 31: HAO JIANG


Suggested background knowledge

In order to feel comfortable with this course, it is recommended that students are already familiar with the fundamentals of Private Law and Public Law.


Mission & Content Summary
MISSION

Students are expected to gain a working knowledge of the main features of foreign and uniform private law and to get significantly acquainted with the principles of European private law. They should acquire the ability of assessing costs and benefits in applying foreign and uniform law and the principles of European law, compared to domestic law. Module 1 (general part) is aimed to depict the cultural and historical background of the Western legal tradition, as well as to illustrate the goals and methodology of comparative law. The concept and content of a ‘common core’ of European law will be discussed on the basis of the ‘principles’ that have been collected to enshrine it; heed will be paid also to the projects of a European civil code. The sources of uniform private law will be covered, particularly the UNIDROIT Principles of International Commercial Contracts (PICC) and the Convention on Contracts for the International Sale of Goods (CISG). Module 2 (special part) is aimed to carry out a comparative analysis of the main institutes of private law, with a specific focus on contract, tort and unjustified enrichment.

CONTENT SUMMARY

General part

  • The Western legal tradition: cultural and historical backgrounds
  • The aims and methodology of comparative law
  • The families of legal systems
  • The ‘common core’ of European private law: the Principles of European Contract Law (PECL) and the Draft Common Frame of Reference (DCFR). The projects of a European civil code.
  • Sources of uniform private law, particularly the UNIDROIT Principles of International Commercial Contracts (PICC) and the Convention on Contracts for the International Sales of Goods (CISG)

 

Special part

  • Comparative contract law
  • Comparative tort law
  • Comparative law of unjustified enrichment

Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Correctly identify the main features of the legal systems belonging to the Western legal tradition
  • Understand the perspectives of a codification of European private law
  • Describe the legal instruments directed to apply foreign private law, uniform private law and the principles of European law in contract drafting, litigation and arbitrations
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Assess costs and benefits in applying foreign private law, uniform law and the principles of European law, compared to domestic law
  • Consult the sources of foreign private law, uniform private law and European private law while conducting a research of statutes, cases and academic literature
  • Draft and present memoranda predicting the outcomes of a case between legal systems and explain such outcomes

Teaching methods
  • Face-to-face lectures
  • Online lectures
  • Guest speaker's talks (in class or in distance)
  • Exercises (exercises, database, software etc.)
  • Case studies /Incidents (traditional, online)
  • Individual assignments
  • Group assignments
  • Interactive class activities (role playing, business game, simulation, online forum, instant polls)
DETAILS
  • Guest speakers will speak about their own field of expertise in class or give separate lectures. 
  • Exercises will involve research of printed and/or electronic legal resources.
  • Case studies will be illustrated and discussed in class.
  • Group assignments will consist in drawing up a memorandum supported by a PwP presentation.
  • Interactive class activities will consist in discussing memoranda and peer evaluating them.

Assessment methods
  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
  •   x x
  • Active class participation (virtual, attendance)
  • x    
    ATTENDING STUDENTS

    Attending students must take two partial exams: partial and end-of-semester. Each of them consists of 27 multiple choice questions and 2 open ended questions.

    The registered grade is the average between the grades of the two partial exams.

    The programme of each partial exams for attending students will be communicated in class.

    For students who actively participate in classes, the average may be increased by 3/30 points.

    Students failing to pass either of the two partial exams, have to take a general exam, consisting of 27 multiple choice questions and 2 open ended questions.

     

    Exams are aimed to verify that students have achieved a solid understanding of the main features of foreign and uniform private law and have become familiar with the principles of European private law.

     

    NOT ATTENDING STUDENTS

    Non-attending students must take two partial exams: partial and end-of-semester. Each of them consists of 27 multiple choice questions and 2 open ended questions.

    The registered grade is the average between the grades of the two partial exams.

     

    Students failing to pass either of the two partial exams have to take a general exam, consisting of 27 multiple choice questions and 2 open ended questions.

     

    Exams are aimed to verify that students have achieved a solid understanding of the main features of foreign and uniform private law and become familiar with the principles of European private law.


    Teaching materials
    ATTENDING STUDENTS
    • P. SIRENA, Introduction to Private Law (2nd edn, il Mulino 2020): chapters I-IV, chapters VI-VII, paragraphs 2-3 of chapter VIII. The parts of the text that are printed in a smaller font and indented can be read for sake of information but must not be covered for assessment purposes. The same applies to footnotes.
    • Materials drawn from J. GORDLEY, H. JIANG, A.T. VON MEHREN, An Introduction to the Comparative Study of Private Law: Readings, cases, materials (forthcoming), which students will have access to on e-learning platform upon the start of the course.
    NOT ATTENDING STUDENTS
    • P. SIRENA, Introduction to Private Law (2nd edn, il Mulino 2020). The parts of the text that are printed in a smaller font and indented can be read for sake of information but must not be covered for evaluation purposes. The same applies to footnotes.
    • Materials drawn from J. GORDLEY, H. JIANG, A.T. VON MEHREN, An Introduction to the Comparative Study of Private Law: Readings, cases, materials (forthcoming), which students will have access to on e-learning platform upon the start of the course.
    Last change 15/07/2020 12:49