Giurisprudenza | DIRITTO DI FAMIGLIA ITALIANO E COMPARATO

cod. 0160100376

DIRITTO DI FAMIGLIA ITALIANO E COMPARATO

	0160100376
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	CORSO DI LAUREA MAGISTRALE A CICLO UNICO DI 5 ANNI
	LAW
	2015/2016

PERCORSO COMUNE

	YEAR OF DIDACTIC SYSTEM 2012
	PRIMO SEMESTRE

TEACHING UNITS

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

	Objectives
	THE TEACHING OF COMPARATIVE FAMILY LAW HAS A TWOFOLD FUNCTION. ON ONE HAND IT PROVIDES THE BASIS OF THE KNOWLEDGE OF ELEMENTS CHARACTERIZING SINGLE CODES GROUPED IN SYSTEMS OR JURIDICAL FAMILIES. ON THE OTHER ONES IT INDIVIDUALIZES, LIKEWISE, THE BASIC GUIDELINES THROUGH WHICH IT IS POSSIBLE TO ESTABLISH THE HARMONIZATION OR THE CONTRAST AMONG DIFFERENT JURIDICAL CODES AND SYSTEMS, THESE LATTER CONSIDERED IN A WIDE MEANING AND WITH PARTICULAR ATTENTION TO THE POSSIBLE OPPOSITION BETWEEN THE WESTERN JURIDICAL TRADITION AND OTHER DIVERSIFIED ONES. THE DIRECTION OF THE COURSE IS PROJECTED BOTH TOWARDS THEMES OF GENERAL THEORY, IN ORDER TO LET STUDENTS BE AWARE OF THE VARIABILITY AND THE RELATIVITY OF JURIDICAL CONCEPTS AND CATEGORIES, AND TOWARDS THE COMPARATIVE ANALYSIS OF SPECIFIC FAMILY LAW INSTITUTES, IN PARTICULAR IN THE AREA OF THE COMPARATIVE AND COMMUNITY LAW. EXPECTED LEARNING OUTCOMES: KNOWLEDGE AND COMPREHENSION SKILLS: THE COURSE AIMS AT PASSING ON A KNOWLEDGE RELATING TO THE COMPARATISTIC METHOD AND TO ITS MOST IMPORTANT APPLICATIONS IN THE FIELD OF FAMILY LAW, AS WELL AS TO THE FUNDAMENTAL FEATURES OF THE GREAT SYSTEMS IN WHICH DIFFERENT JURIDICAL CODES NOWADAYS IN FORCE IN THE WORLD, IN THEIR HISTORICAL EVOLUTION AND IN THEIR MODERN STRUCTURE, CONVERGE. THE ANALYSIS OF THE ONE’S OWN LEGAL SYSTEM FAMILY LAW BECOMES FUNDAMENTAL TO FIND ITS EVOLUTION AND INTERPRETATION THROUGH THE LEGAL COMPARISON. COMPREHENSION AND KNOWLEDGE APPLYING SKILLS IT IS EXPECTED, IN TERMS OF ACQUIRED ABILITIES, THE ACHIEVEMENT OF A GREATER AWARENESS ABOUT THE NECESSITY OF THE COMPARATISTIC REFLECTION IN A REALITY MORE AND MORE COMPLEX ALSO FROM A JURIDICAL POINT OF VIEW. MOREOVER, THE AIM IS TO RAISE AWARENESS OF DIFFERENT APPROACHES AND JURIDICAL SOLUTIONS AND, CONSEQUENTLY, A DEEPER COGNITION OF ONE’S OWN LEGAL SYSTEM. FURTHERMORE THE PURPOSE IS TO CONTRIBUTE TO THE FORMATION OF A LAWYER PROFILE OPERATING IN A COMPLEX REALITY, AFFECTED BY THE GLOBALIZATION DYNAMICS, BY THE INTERACTION BETWEEN NATIONAL LAW SOURCES AND SUPRANATIONAL ONES, BY COMPARATIVE PURPOSES AMONG DIFFERENT JURIDICAL CULTURES AND BY INSTANCES OF HARMONIZING SPECIFIC LAW AREAS. AUTONOMY OF JUDGMENT KNOWLEDGE OF THE FUNDAMENTAL FEATURES OF FAMILY LAW IN THE MAIN MODERN JURIDICAL SYSTEMS, AS WELL AS ACQUIRING OF COGNITIVE TOOLS THAT ARE USEFUL, THROUGH THE COMPARATIVE METHOD AND THE ANALYSIS OF OTHER JURIDICAL EXPERIENCES, TO DEVELOP A MORE CRITICAL UNDERSTANDING OF THE CHARACTERISTICS AND THE SOLUTIONS IN FORCE IN ONE’S OWN LEGAL ORDER. COMMUNICATIVE SKILLS ACQUIRING OF COGNITIVE TOOLS THAT ARE USEFUL TO INTERACT WITH JURISTS FROM DIFFERENT TRADITIONS, AND ALSO TO OPERATE IN BOTH NATIONAL AND SUPRANATIONAL CONTEXTS IN THE FIELD OF FAMILY LAW. LEARNING SKILLS THE LEGAL COMPARATIVE METHOD IN THE FIELD OF FAMILY LAW ENCOURAGES THE ACQUIRING OF AN INTERDISCIPLINARY LEARNING METHOD, AND OF THE SKILL TO DEVELOP ONE’S OWN ABILITY TO UNDERSTAND AND SOLVE JURIDICAL PROBLEMS ALSO THROUGH THE COMPARISON WITH OTHER EXPERIENCES.

THE TEACHING OF COMPARATIVE FAMILY LAW HAS A TWOFOLD FUNCTION. ON ONE HAND IT PROVIDES THE BASIS OF THE KNOWLEDGE OF ELEMENTS CHARACTERIZING SINGLE CODES GROUPED IN SYSTEMS OR JURIDICAL FAMILIES. ON THE OTHER ONES IT INDIVIDUALIZES, LIKEWISE, THE BASIC GUIDELINES THROUGH WHICH IT IS POSSIBLE TO ESTABLISH THE HARMONIZATION OR THE CONTRAST AMONG DIFFERENT JURIDICAL CODES AND SYSTEMS, THESE LATTER CONSIDERED IN A WIDE MEANING AND WITH PARTICULAR ATTENTION TO THE POSSIBLE OPPOSITION BETWEEN THE WESTERN JURIDICAL TRADITION AND OTHER DIVERSIFIED ONES. THE DIRECTION OF THE COURSE IS PROJECTED BOTH TOWARDS THEMES OF GENERAL THEORY, IN ORDER TO LET STUDENTS BE AWARE OF THE VARIABILITY AND THE RELATIVITY OF JURIDICAL CONCEPTS AND CATEGORIES, AND TOWARDS THE COMPARATIVE ANALYSIS OF SPECIFIC FAMILY LAW INSTITUTES, IN PARTICULAR IN THE AREA OF THE COMPARATIVE AND COMMUNITY LAW.

EXPECTED LEARNING OUTCOMES:

KNOWLEDGE AND COMPREHENSION SKILLS:
THE COURSE AIMS AT PASSING ON A KNOWLEDGE RELATING TO THE COMPARATISTIC METHOD AND TO ITS MOST IMPORTANT APPLICATIONS IN THE FIELD OF FAMILY LAW, AS WELL AS TO THE FUNDAMENTAL FEATURES OF THE GREAT SYSTEMS IN WHICH DIFFERENT JURIDICAL CODES NOWADAYS IN FORCE IN THE WORLD, IN THEIR HISTORICAL EVOLUTION AND IN THEIR MODERN STRUCTURE, CONVERGE. THE ANALYSIS OF THE ONE’S OWN LEGAL SYSTEM FAMILY LAW BECOMES FUNDAMENTAL TO FIND ITS EVOLUTION AND INTERPRETATION THROUGH THE LEGAL COMPARISON.
COMPREHENSION AND KNOWLEDGE APPLYING SKILLS
IT IS EXPECTED, IN TERMS OF ACQUIRED ABILITIES, THE ACHIEVEMENT OF A GREATER AWARENESS ABOUT THE NECESSITY OF THE COMPARATISTIC REFLECTION IN A REALITY MORE AND MORE COMPLEX ALSO FROM A JURIDICAL POINT OF VIEW. MOREOVER, THE AIM IS TO RAISE AWARENESS OF DIFFERENT APPROACHES AND JURIDICAL SOLUTIONS AND, CONSEQUENTLY, A DEEPER COGNITION OF ONE’S OWN LEGAL SYSTEM.
FURTHERMORE THE PURPOSE IS TO CONTRIBUTE TO THE FORMATION OF A LAWYER PROFILE OPERATING IN A COMPLEX REALITY, AFFECTED BY THE GLOBALIZATION DYNAMICS, BY THE INTERACTION BETWEEN NATIONAL LAW SOURCES AND SUPRANATIONAL ONES, BY COMPARATIVE PURPOSES AMONG DIFFERENT JURIDICAL CULTURES AND BY INSTANCES OF HARMONIZING SPECIFIC LAW AREAS.
AUTONOMY OF JUDGMENT
KNOWLEDGE OF THE FUNDAMENTAL FEATURES OF FAMILY LAW IN THE MAIN MODERN JURIDICAL SYSTEMS, AS WELL AS ACQUIRING OF COGNITIVE TOOLS THAT ARE USEFUL, THROUGH THE COMPARATIVE METHOD AND THE ANALYSIS OF OTHER JURIDICAL EXPERIENCES, TO DEVELOP A MORE CRITICAL UNDERSTANDING OF THE CHARACTERISTICS AND THE SOLUTIONS IN FORCE IN ONE’S OWN LEGAL ORDER.
COMMUNICATIVE SKILLS
ACQUIRING OF COGNITIVE TOOLS THAT ARE USEFUL TO INTERACT WITH JURISTS FROM DIFFERENT TRADITIONS, AND ALSO TO OPERATE IN BOTH NATIONAL AND SUPRANATIONAL CONTEXTS IN THE FIELD OF FAMILY LAW.
LEARNING SKILLS
THE LEGAL COMPARATIVE METHOD IN THE FIELD OF FAMILY LAW ENCOURAGES THE ACQUIRING OF AN INTERDISCIPLINARY LEARNING METHOD, AND OF THE SKILL TO DEVELOP ONE’S OWN ABILITY TO UNDERSTAND AND SOLVE JURIDICAL PROBLEMS ALSO THROUGH THE COMPARISON WITH OTHER EXPERIENCES.

	Prerequisites
	CONSOLIDATE KNOWLEDGE OF THE ITALIAN LANGUAGE (WRITTEN AND ORAL); ABILITY TO CONSULT MAIN LEGAL TEXTS.

	Contents
	THE COURSE AIMS AT PASSING ON A KNOWLEDGE RELATING TO THE COMPARATISTIC METHOD AND TO ITS MOST IMPORTANT APPLICATIONS IN THE FIELD OF FAMILY LAW, AS WELL AS TO THE FUNDAMENTAL FEATURES OF THE GREAT SYSTEMS IN WHICH DIFFERENT JURIDICAL CODES NOWADAYS IN FORCE IN THE WORLD, IN THEIR HISTORICAL EVOLUTION AND IN THEIR MODERN STRUCTURE, CONVERGE. THE ANALYSIS OF THE ONE’S OWN LEGAL SYSTEM FAMILY LAW BECOMES FUNDAMENTAL TO FIND ITS EVOLUTION AND INTERPRETATION THROUGH THE LEGAL COMPARISON.

Contents

THE COURSE AIMS AT PASSING ON A KNOWLEDGE RELATING TO THE COMPARATISTIC METHOD AND TO ITS MOST IMPORTANT APPLICATIONS IN THE FIELD OF FAMILY LAW, AS WELL AS TO THE FUNDAMENTAL FEATURES OF THE GREAT SYSTEMS IN WHICH DIFFERENT JURIDICAL CODES NOWADAYS IN FORCE IN THE WORLD, IN THEIR HISTORICAL EVOLUTION AND IN THEIR MODERN STRUCTURE, CONVERGE. THE ANALYSIS OF THE ONE’S OWN LEGAL SYSTEM FAMILY LAW BECOMES FUNDAMENTAL TO FIND ITS EVOLUTION AND INTERPRETATION THROUGH THE LEGAL COMPARISON.

	Teaching Methods
	THE COURSE CONSISTS OF TWO PARTS, THE FIRST ONE IS DEDICATED TO AN INTRODUCTION OF THE PROBLEM RELATING TO THE COMPARATISTIC METHOD AND TO ITS MOST IMPORTANT APPLICATIONS IN THE FIELD OF FAMILY LAW,THE SECOND PART IS DEDICATED TO THE THOROUGH ANALYSIS OF SOME SPECIFIC AS WELL AS TO THE FUNDAMENTAL FEATURES OF THE GREAT SYSTEMS IN WHICH DIFFERENT JURIDICAL CODES NOWADAYS IN FORCE IN THE WORLD, IN THEIR HISTORICAL EVOLUTION AND IN THEIR MODERN STRUCTURE, CONVERGE. THE ANALYSIS OF THE ONE’S OWN LEGAL SYSTEM FAMILY LAW BECOMES FUNDAMENTAL TO FIND ITS EVOLUTION AND INTERPRETATION THROUGH THE LEGAL COMPARISON.

Teaching Methods

THE COURSE CONSISTS OF TWO PARTS, THE FIRST ONE IS DEDICATED TO AN INTRODUCTION OF THE PROBLEM RELATING TO
THE COMPARATISTIC METHOD AND TO ITS MOST IMPORTANT APPLICATIONS IN THE FIELD OF FAMILY LAW,THE SECOND PART IS DEDICATED TO THE THOROUGH ANALYSIS OF SOME SPECIFIC
AS WELL AS TO THE FUNDAMENTAL FEATURES OF THE GREAT SYSTEMS IN WHICH DIFFERENT JURIDICAL CODES NOWADAYS IN FORCE IN THE WORLD, IN THEIR HISTORICAL EVOLUTION AND IN THEIR MODERN STRUCTURE, CONVERGE. THE ANALYSIS OF THE ONE’S OWN LEGAL SYSTEM FAMILY LAW BECOMES FUNDAMENTAL TO FIND ITS EVOLUTION AND INTERPRETATION THROUGH THE LEGAL COMPARISON.