Giurisprudenza | COMPARATIVE PRIVATE LAW

cod. 0160100051

COMPARATIVE PRIVATE LAW

	0160100051
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	CORSO DI LAUREA MAGISTRALE A CICLO UNICO DI 5 ANNI
	LAW
	2015/2016

CURRICULUM COMPARATISTICO ord. 2006

	YEAR OF DIDACTIC SYSTEM 2006
	PRIMO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/02	8	72	LESSONS	SUPPLEMENTARY COMPULSORY SUBJECTS

	Objectives
	A TRAINING APPROACH BASED ON A DOGMATIC AS WELL AS CASE-LAW METOD IS USED, IN ORDER TO SHOW CONVERGENCES AND CONTRASTS AMONGST DIFFERENT LEGAL SYSTEM, ON THE TOPIC CONCERNED. STUDENTS GAIN AN IN-DEPTH UNDERSTANDING OF SOME OF THE MOST IMPORTANT AND RAPIDLY-CHANGING ISSUES OF THE LAW OF CONTRACT. ACHIEVEMENTS: A) KNOWLEDGE AND UNDERSTANDING: TO BE ABLE TO MANAGE PROPERLY THE CONCEPT REQUIRED AS FAR AS THE FREEDOM OF CONTRACT IS CONCERNED. B)APPLYING KNOWLEDGE AND UNDERSTANDING: FULL ANALYSIS CAPABILITIES AND RELEVANT SKILLS IN SETTING THE LINES FOR A CORRECT AND COHERENT FORMULATION OF LEGAL ISSUES. THE COURSE WILL STRESS PROPER GRAMMAR, ORGANIZATION, LEGAL CITATION, AND ETHICAL CONSIDERATIONS IN LEGAL WRITING, AS WELL AS CASE LAW. C) MAKING JUDGEMENTS: BY EXPLORING DIFFERENT APPROACHES TO THE LAW OF CONTRACT, THE COURSE IS ALSO DESIGNED TO ACQUAINT STUDENTS WITH MODES OF LEGAL ANALYSIS AND INTERPRETATION RELATED TO THE FIELD CONCERNED. D) COMMUNICATION SKILLS: BY DEVELOPING CRITICAL REASONING ABILITIES AS TO IMPROVE SKILLS IN COMMUNICATION, RESEARCH, WRITING, AND MORE. E) LEARNING SKILLS: THE STUDENTS WILL LEARN, THROUGH AN APPROPRIATE CASE LAW METHOD, HOW TO DEVELOP A CRITICAL AND AUTONOMOUS WAY OF REASONIG. BY ADAPTING THE TRADITIONAL WAY OF GIVING LECTURE, STUDENTS WILL LEARN HOW TO INCREASE THEIR COMPETENCE IN A CONTEXT THAT IS AIMED TO PROMOTE INTERDISCIPLINARY AND COMPARATIVE STUDIES ON CONTRACT.

A TRAINING APPROACH BASED ON A DOGMATIC AS WELL AS CASE-LAW METOD IS USED, IN ORDER TO SHOW CONVERGENCES AND CONTRASTS AMONGST DIFFERENT LEGAL SYSTEM, ON THE TOPIC CONCERNED. STUDENTS GAIN AN IN-DEPTH UNDERSTANDING OF SOME OF THE MOST IMPORTANT AND RAPIDLY-CHANGING ISSUES OF THE LAW OF CONTRACT. ACHIEVEMENTS: A) KNOWLEDGE AND UNDERSTANDING: TO BE ABLE TO MANAGE PROPERLY THE CONCEPT REQUIRED AS FAR AS THE FREEDOM OF CONTRACT IS CONCERNED.
B)APPLYING KNOWLEDGE AND UNDERSTANDING: FULL ANALYSIS CAPABILITIES AND RELEVANT SKILLS IN SETTING THE LINES FOR A CORRECT AND COHERENT FORMULATION OF LEGAL ISSUES. THE COURSE WILL STRESS PROPER GRAMMAR, ORGANIZATION, LEGAL CITATION, AND ETHICAL CONSIDERATIONS IN LEGAL WRITING, AS WELL AS CASE LAW.
C) MAKING JUDGEMENTS: BY EXPLORING DIFFERENT APPROACHES TO THE LAW OF CONTRACT, THE COURSE IS ALSO DESIGNED TO ACQUAINT STUDENTS WITH MODES OF LEGAL ANALYSIS AND INTERPRETATION RELATED TO THE FIELD CONCERNED.
D) COMMUNICATION SKILLS: BY DEVELOPING CRITICAL REASONING ABILITIES AS TO IMPROVE SKILLS IN COMMUNICATION, RESEARCH, WRITING, AND MORE.
E) LEARNING SKILLS: THE STUDENTS WILL LEARN, THROUGH AN APPROPRIATE CASE LAW METHOD, HOW TO DEVELOP A CRITICAL AND AUTONOMOUS WAY OF REASONIG. BY ADAPTING THE TRADITIONAL WAY OF GIVING LECTURE, STUDENTS WILL LEARN HOW TO INCREASE THEIR COMPETENCE IN A CONTEXT THAT IS AIMED TO PROMOTE INTERDISCIPLINARY AND COMPARATIVE STUDIES ON CONTRACT.

	Prerequisites
	A GOOD KNOWLEDGE, IN ORAL AND WRITTEN FORMS, OF ONE OF THE EU LANGUAGES, ALSO IN RELATION TO THE LEGAL TERMINOLOGY. A GOOD KNOWLEDGE OF SOME BASIC CONCEPT ON THE CONTRACT LAW THEORY.

	Contents
	THIS COURSE IS AIMED TO GIVE STUDENTS RELEVANT SKILLS ON ENGLISH CONTRACT LAW. TOPICS WILL INCLUDE ALL ASPECTS OF CONTRACT LAW, INCLUDING FORMATION OF CONTRACT, CONTENT, CONSENT/WILL, FORM, OBJECT, MISFEASANCE AND NOT FEASANCE AND SO ON. THIS TOPICS WILL BE ANALISED IN A COMPARATIVE PERSPECTIVE, IN PRIMIS, WITH THE ITALIAN CONTRACT LAW.

	Teaching Methods
	THE LECTURE IS MOSTLY BASED ON A CASE LAW METHOD, IN ORDER TO IMPROVE THE CRITICAL CAPABILITIES OF THE STUDENTS. A CONTINUOUS ASSESSEMENT WILL GIVE THE OPPORTUNITY TO FOLLOW THE LEVEL OF LEARNIG AND, EVENTUALLY, TO TAKE THE NECESSARY CORRECTIVE STEPS. TO ACHIEVE THOSE GOALS, GREAT ATTENTION WILL BE PAYED TO METHODOLOGICAL AND SYSTEMATIC CONTENT THAN TO QUANTITY OF IDEAS. THE COURSE WILL BE INTEGRATED BY SEMINARS, WORKSHOP AND PREPARATION OF PLEADING, TO ALLOW STUDENTS TO APPLY WHAT THEY HAVE LEARNED.

Teaching Methods

THE LECTURE IS MOSTLY BASED ON A CASE LAW METHOD, IN ORDER TO IMPROVE THE CRITICAL CAPABILITIES OF THE STUDENTS. A CONTINUOUS ASSESSEMENT WILL GIVE THE OPPORTUNITY TO FOLLOW THE LEVEL OF LEARNIG AND, EVENTUALLY, TO TAKE THE NECESSARY CORRECTIVE STEPS. TO ACHIEVE THOSE GOALS, GREAT ATTENTION WILL BE PAYED TO METHODOLOGICAL AND SYSTEMATIC CONTENT THAN TO QUANTITY OF IDEAS. THE COURSE WILL BE INTEGRATED BY SEMINARS, WORKSHOP AND PREPARATION OF PLEADING, TO ALLOW STUDENTS TO APPLY WHAT THEY HAVE LEARNED.

	Verification of learning
	TWO DIFFERENT TYPES OF ASSESSMENT ARE OFFERED. FOR STUDENTS NOT ATTENDING THE COURSE: FINAL ORAL EXAMS. FOR STUDENT ATTENDING THE COURSE: FINAL ORAL EXAMS WHERE GREAT ATTENTION IS PAYED ON THE ACTIVE STUDENT'S PARTECIPATION TO THE LECTURE, AS WELL AS THE READING OF ARTICLES HANDED OUT. DURING THE LAST WEEK OF THE COURSE, STUDENTS CAN ASK FOR AN ASSESSEMENT, THAT WILL EXEMPT THEM FROM THE EXAM, OR TO WRITE AND DISCUSS A PAPER ON A TOPIC, PREVIOUSLY AGREED UPON WITH THE LECTURER. STANDARDS OF JUDGEMENT ARE: A) PROPERLY USE OF THE LEGAL TERMINOLOGY; B)SYSTEMATIC ARTICULATION OF THE LEGAL WAY OF REASONING; C) ABILITY TO CHOOSE, AMOMGST LEGAL CONCEPTS, THOSE WHO ARE OF RELEVANCE; D) DEVELOPEMENT OF A LEGAL WAY OF REASONING, ABLE TO SHOW INDUCTIVE AND DEDUCTIVE INFERENCES.

Verification of learning

TWO DIFFERENT TYPES OF ASSESSMENT ARE OFFERED.
FOR STUDENTS NOT ATTENDING THE COURSE: FINAL ORAL EXAMS.
FOR STUDENT ATTENDING THE COURSE: FINAL ORAL EXAMS WHERE GREAT ATTENTION IS PAYED ON THE ACTIVE STUDENT'S PARTECIPATION TO THE LECTURE, AS WELL AS THE READING OF ARTICLES HANDED OUT. DURING THE LAST WEEK OF THE COURSE, STUDENTS CAN ASK FOR AN ASSESSEMENT, THAT WILL EXEMPT THEM FROM THE EXAM, OR TO WRITE AND DISCUSS A PAPER ON A TOPIC, PREVIOUSLY AGREED UPON WITH THE LECTURER. STANDARDS OF JUDGEMENT ARE:
A) PROPERLY USE OF THE LEGAL TERMINOLOGY;
B)SYSTEMATIC ARTICULATION OF THE LEGAL WAY OF REASONING;
C) ABILITY TO CHOOSE, AMOMGST LEGAL CONCEPTS, THOSE WHO ARE OF RELEVANCE;
D) DEVELOPEMENT OF A LEGAL WAY OF REASONING, ABLE TO SHOW INDUCTIVE AND DEDUCTIVE INFERENCES.

	Texts
	STUDENTS ATTENDING LECTURE: G. CRISCUOLI, IL CONTRATTO NEL DIRITTO INGLESE,2ED. PADOVA, CEDAM, 2001. OR K. ZWEIGERT-H.KOTZ, INTRODUZIONE AL DIRITTO COMPARATO, VOL. II, MILANO, GIUFFRÈ, ULT. ED. STUDENTS NOT ATTENDING LECTURE: K. ZWEIGERT-H.KOTZ, INTRODUZIONE AL DIRITTO COMPARATO, VOL. II, MILANO, GIUFFRÈ, ULT. ED. WE RECOMMEND THE USE OF AN ATLAS OF COMPARATIVE LAW: F. GALGANO, ATLANTE DI DIRITTO PRIVATO COMPARATO, ZANICHELLI, BOLOGNA, 2011

Texts

STUDENTS ATTENDING LECTURE:
G. CRISCUOLI, IL CONTRATTO NEL DIRITTO INGLESE,2ED. PADOVA, CEDAM, 2001.
OR
K. ZWEIGERT-H.KOTZ, INTRODUZIONE AL DIRITTO COMPARATO, VOL. II, MILANO, GIUFFRÈ, ULT. ED.
STUDENTS NOT ATTENDING LECTURE:
K. ZWEIGERT-H.KOTZ, INTRODUZIONE AL DIRITTO COMPARATO, VOL. II, MILANO, GIUFFRÈ, ULT. ED.
WE RECOMMEND THE USE OF AN ATLAS OF COMPARATIVE LAW: F. GALGANO, ATLANTE DI DIRITTO PRIVATO COMPARATO, ZANICHELLI, BOLOGNA, 2011

	More Information
	EDUCATIONAL ORGANIZATION OF THE COURSE: THE COURSE IS BESED ON 72 HOURS OF LECTURES. IT HAS A SEMINARIAL NATURE AND IS AIMED TO INCREASE THE COMMUNICATION BETWEEN STUDENTS AND LECTUTER. LECTURES ARE THOUGHT FOR ATTENDING STUDENTS. FOR THOSE STUDENTS WHO CANNOT ATTEND THE COURSE, A DIFFERENT PROGRAM IS OFFERED. AVAILABILTY OF THE LECTURER TO GIVE SUPPLEMENTARY EXPLANATIONS. LANGUAGE OF INSTRUCTION: ITALIAN.

More Information

EDUCATIONAL ORGANIZATION OF THE COURSE: THE COURSE IS BESED ON 72 HOURS OF LECTURES. IT HAS A SEMINARIAL NATURE AND IS AIMED TO INCREASE THE COMMUNICATION BETWEEN STUDENTS AND LECTUTER.
LECTURES ARE THOUGHT FOR ATTENDING STUDENTS. FOR THOSE STUDENTS WHO CANNOT ATTEND THE COURSE, A DIFFERENT PROGRAM IS OFFERED. AVAILABILTY OF THE LECTURER TO GIVE SUPPLEMENTARY EXPLANATIONS.
LANGUAGE OF INSTRUCTION: ITALIAN.

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