Insegnamento a.a. 2025-2026

Classes: 31 (I sem.)

Instructors:
Class 31: MARCELLO GABOARDI

Students are expected to have a basic understanding of legal systems. Familiarity with the distinctions between common law and civil law traditions, as well as general concepts of litigation and judicial structure, will be helpful for engaging with the course’s comparative and international focus.

All lawyers need to be competent in understanding how civil justice systems operate across different legal traditions, particularly common law and civil law. This course provides the analytical tools and comparative perspective necessary to examine procedural frameworks, dispute resolution mechanisms, and global challenges. It fosters critical thinking and cultural awareness. By the end of the course, students will be equipped with the legal insight and practical skills needed to engage effectively with the complexities of transnational disputes.

This course offers a comprehensive study of civil justice systems worldwide. Topics include:

 

• Understanding the historical development and core features of common law and civil law procedural traditions
• Considering the effects of globalization on civil procedure and harmonization efforts
• Exploring how different systems approach jurisdiction, case filing, and barriers to court access
• Comparing adversarial and inquisitorial pre-trial models, including discovery practices and interim measures
• Analyzing the allocation and standard of proof in civil trials
• Examining trial procedures, with attention to evidence presentation, witness examination, and the roles of judges and juries (particularly in the context of emerging digital technologies)
• Learning how judgments are structured, appealed, and how precedent shapes procedural outcomes
• Identifying legal frameworks governing jurisdiction, evidence, and the recognition and enforcement of judgments in cross-border disputes
• Analyzing special topics such as class actions, collective redress, and online dispute resolution, with a focus on artificial intelligence
• Participating in a simulated mock trial involving a transnational civil dispute

 

 

 

At the end of the course student will be able to...

Understand the core principles and procedural structures of common law and civil law traditions

• Identify key differences and similarities in how various systems handle civil litigation
• Analyze the impact of globalization, technology, and cross-border disputes on civil justice
• Apply comparative reasoning to evaluate procedural rules and principles
• Prepare for practical engagement with transnational legal issues by contextualizing procedural rules within legal cultures

 

 

At the end of the course student will be able to...

Upon completing this course, students should have developed the ability to engage critically with civil justice systems in both domestic and cross-border contexts.  They will be able to apply comparative procedural analysis, assess procedural tools in cross-border disputes, and interpret how legal traditions influence litigation strategies.  This practical understanding will enable them to evaluate procedural rules and jurisdictional challenges, and contribute to discussions on harmonization, access to justice, and the evolving role of technology in civil litigation.

 

 

• Lectures
• Guest speaker's talks (in class or in distance)
• Practical Exercises
• Individual works / Assignments
• Collaborative Works / Assignments

Class sessions typically are in three parts:

 

1. Discussion of key concepts and tools,
2. Student interaction in case studies,
3. Practical exercises using the techniques learning in class.

 

 

 

	Continuous assessment	Partial exams	General exam
Written individual exam (traditional/online)		x	x
Collaborative Works / Assignment (report, exercise, presentation, project work etc.)	x
Active class participation (virtual, attendance)	x

Students will be assessed through two main components.

 

First, continuous assessment will evaluate active class participation and collaborative work.  This allows students to develop practical, hands-on skills in dealing with legal problems common to both domestic and cross-border disputes.

 

Second, students will complete partial and final written exams, which may include open- or closed-ended questions.  These exams are designed to test students’ understanding of the course material and their ability to apply legal principles and procedural rules to realistic scenarios. 

 

Required: The professor will provide class materials, including case studies and slide decks, which will be uploaded in advance of each class meeting.

 

Optional: Civil Litigation in Comparative Context (2017) by Oscar G. Chase, Helen Hershkoff, Linda Silberman, John Sorabji, Rolf Stürner, Yasuhei Taniguchi, Vincenzo Varano.