Giurisprudenza | Italian and Comparative Tort Law

cod. 0160100037

ITALIAN AND COMPARATIVE TORT LAW

	0160100037
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2017/2018

PERCORSO COMUNE

	YEAR OF DIDACTIC SYSTEM 2012
	SECONDO SEMESTRE

TEACHING UNITS

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

	Objectives
	COURSE AIMS ARE PROVIDE KNOWLEDGE AND UNDERSTANDING OF THE CIVIL LIABILITY SYSTEM LEARNING OUTCOMES- 1- GAIN UNDERSTANDING AND KNOWLEDGE: GAIN . STUDENTS WILL ACQUIRE KNOWLEDGE AND MASTERY OF THE CRITERIA GOVERNING INCLUDING ALLOCATION OF DAMAGES BY THE JUDGMENT OF LIABILITY, THE INSTITUTION OF ACCOUNTABILITY IN THE SYSTEM OF PROTECTION OF RIGHTS AND LEGAL INTERESTS AND THE ROLE OF CIVIL LIABILITY WITH RESPECT TO OTHER SYSTEMS OF ALLOCATION OF DAMAGE. 2- KNOWLEDGE AND APPLIED UNDERSTANDING: LEARN TO FIND THE OPERATIONAL RULE, IMPLEMENT THE JUDGMENT OF LIABILITY TO CONCRETE CASES, SIFT PROTECTED INTERESTS AND RECOVERABLE DAMAGES, AND IDENTIFY THE PATTERNS OF ALLOCATION OF DAMAGES, BASED ON THE JUDGMENT OF LIABILITY INSURANCE OR THE ALTERNATIVE RULES.

COURSE AIMS ARE PROVIDE KNOWLEDGE AND UNDERSTANDING OF THE CIVIL LIABILITY SYSTEM

LEARNING OUTCOMES-

1- GAIN UNDERSTANDING AND KNOWLEDGE:
GAIN . STUDENTS WILL ACQUIRE KNOWLEDGE AND MASTERY OF THE CRITERIA GOVERNING INCLUDING ALLOCATION OF DAMAGES BY THE JUDGMENT OF LIABILITY, THE INSTITUTION OF ACCOUNTABILITY IN THE SYSTEM OF PROTECTION OF RIGHTS AND LEGAL INTERESTS AND THE ROLE OF CIVIL LIABILITY WITH RESPECT TO OTHER SYSTEMS OF ALLOCATION OF DAMAGE.

2- KNOWLEDGE AND APPLIED UNDERSTANDING:
LEARN TO FIND THE OPERATIONAL RULE, IMPLEMENT THE JUDGMENT OF LIABILITY TO CONCRETE CASES, SIFT PROTECTED INTERESTS AND RECOVERABLE DAMAGES, AND IDENTIFY THE PATTERNS OF ALLOCATION OF DAMAGES, BASED ON THE JUDGMENT OF LIABILITY INSURANCE OR THE ALTERNATIVE RULES.

	Prerequisites
	NO SPECIFIC KNOWLEDGE IS REQUIRED TO JOIN THE CLASS

	Contents
	1. THE FUNCTIONS OF THE JUDGMENT OF RESPONSIBILITY. 2. CONTRACT AND TORT. 3. THE ROMANISTIC TRADITION AND THE SYSTEM OF DELICTA. 4. NON-CONTRACTUAL LIABILITY IN THE EUROPEAN CODIFICATIONS OF THE NINETEENTH AND THE EARLY TWENTIETH CENTURY. 5. THE BRITISH SYSTEM OF TORTS: GENERAL CHARACTERISTICS. 6. THE STRUCTURE OF THE WRONGFUL ACT: THE POSITIONS PROTECTED AND THE SO-CALLED DANNO AL PATRIMONIO (PURE ECONOMIC LOSS) 7. THE EXEMPTION FROM LIABILITY. 8. THE CRITERIA FOR ALLOCATION. 9. THE INTENT THE BLAME (INTENTIONAL TORTS) AND STRICT LIABILITY. 10. THE PROXIMITY CAUSE. 11. THE COMPENSATION FOR DAMAGES. 12. TECHNIQUES FOR DAMAGES. 13. PERSONAL AND ECONOMIC DAMAGES

Contents

1. THE FUNCTIONS OF THE JUDGMENT OF RESPONSIBILITY. 2. CONTRACT AND TORT. 3. THE ROMANISTIC TRADITION AND THE SYSTEM OF DELICTA. 4. NON-CONTRACTUAL LIABILITY IN THE EUROPEAN CODIFICATIONS OF THE NINETEENTH AND THE EARLY TWENTIETH CENTURY. 5. THE BRITISH SYSTEM OF TORTS: GENERAL CHARACTERISTICS. 6. THE STRUCTURE OF THE WRONGFUL ACT: THE POSITIONS PROTECTED AND THE SO-CALLED DANNO AL PATRIMONIO (PURE ECONOMIC LOSS) 7. THE EXEMPTION FROM LIABILITY. 8. THE CRITERIA FOR ALLOCATION. 9. THE INTENT THE BLAME (INTENTIONAL TORTS) AND STRICT LIABILITY. 10. THE PROXIMITY CAUSE. 11. THE COMPENSATION FOR DAMAGES. 12. TECHNIQUES FOR DAMAGES. 13. PERSONAL AND ECONOMIC DAMAGES

	Teaching Methods
	THE CLASS CONSISTS OF 72 CLASS HOURS WITH A SEMINAR TO PROVIDE TIME FOR THE READING AND DISCUSSION OF TEXTBOOKS AND JUDGMENTS RELATING TO MAJOR LEADING ITALIAN AND WESTERN LEGAL TRADITION CASES

	Verification of learning
	STUDENTS ATTENDING THE COURSE: THE FINAL ORAL EXAM TAKES INTO ACCOUNT THE ACTIVE PARTICIPATION IN LECTURES AND CONTEXTUAL READING OF EDUCATIONAL MATERIALS DISTRIBUTED. DURING THE LAST WEEK OF THE COURSE ATTENDING STUDENTS, IF THEY WANT, THEY CAN TAKE AN ORAL TEST, PARTIAL OR TOTAL, THAT CAN EXEMPT THEM FROM THE FINAL EXAMINATION. STUDENTS NOT ATTENDING THE COURSE: FINAL ORAL EXAM EVALUATION CRITERIA FOR THE EXAMINATION WILL BE: 1)THE ABILITY TO SIFT THE DATA, MEMORIZING THOSE SIGNIFICANT POINTS 2)THE ABILITY TO UNDERSTAND THE PROCEDURES AND MEANS MENTIONED IN THE PROGRAM 3) DEVELOP SKILLS IN COMMUNICATION OF, INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC FIELD OF LAW, WITH GOOD COMMUNICATION AND CLEAR CONCISE THOUGHTS, TO AUDIENCES OF SPECIALISTS AND NON-SPECIALISTS. 4) GAIN KNOWLEDGE IN THE ACQUISITION OF REFERENCES AND TOOLS FOR ENHANCING BOTH CULTURAL-HISTORICAL AND PRACTICAL-DISCIPLINARY SKILLS IN THE FIELD OF LIABILITY.

Verification of learning

STUDENTS ATTENDING THE COURSE:
THE FINAL ORAL EXAM TAKES INTO ACCOUNT THE ACTIVE PARTICIPATION IN LECTURES AND CONTEXTUAL READING OF EDUCATIONAL MATERIALS DISTRIBUTED. DURING THE LAST WEEK OF THE COURSE ATTENDING STUDENTS, IF THEY WANT, THEY CAN TAKE AN ORAL TEST, PARTIAL OR TOTAL, THAT CAN EXEMPT THEM FROM THE FINAL EXAMINATION.
STUDENTS NOT ATTENDING THE COURSE:
FINAL ORAL EXAM
EVALUATION CRITERIA FOR THE EXAMINATION WILL BE:
1)THE ABILITY TO SIFT THE DATA, MEMORIZING THOSE SIGNIFICANT POINTS
2)THE ABILITY TO UNDERSTAND THE PROCEDURES AND MEANS MENTIONED IN THE PROGRAM
3) DEVELOP SKILLS IN COMMUNICATION OF, INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC FIELD OF LAW, WITH GOOD COMMUNICATION AND CLEAR CONCISE THOUGHTS, TO AUDIENCES OF SPECIALISTS AND NON-SPECIALISTS.
4) GAIN KNOWLEDGE IN THE ACQUISITION OF REFERENCES AND TOOLS FOR ENHANCING BOTH CULTURAL-HISTORICAL AND PRACTICAL-DISCIPLINARY SKILLS IN THE FIELD OF LIABILITY.

	Texts
	1)- G. ALPA, LA RESPONSABILITÀ CIVILE. PRINCIPI UTET GIURIDICA, TORINO, 2010 PP. 1- 440. 2)- TIPICITÀ E ATIPICITÀ DEL FATTO ILLECITO, IN F. GALGANO (EDITOR), ATLANTE DI DIRITTO PRIVATO COMPARATO, ZANICHELLI V EDITION, BOLOGNA, 2011, PP. 155 -174. OR, ALTERNATIVELY: 1)- DAVIDE GIANTI - PIER GIUSEPPE MONATERI - LUCA SILIQUINI CINELLI, DANNO E RISARCIMENTO, GIAPPICHELLI EDITORE, TORINO, 2013, PP. 1 – 270; 2)- TIPICITÀ E ATIPICITÀ DEL FATTO ILLECITO, IN F. GALGANO (A CURA DI), ATLANTE DI DIRITTO PRIVATO COMPARATO, V EDIZIONE, ZANICHELLI, BOLOGNA, 2011, PP. 155 -174; 3)- LA RESPONSABILITÀ PER INADEMPIMENTO CONTRATTUALE, IN F. GALGANO (A CURA DI), ATLANTE DI DIRITTO PRIVATO COMPARATO, V EDIZIONE, ZANICHELLI, BOLOGNA, 2011, PP. 117-154; N.B. THE PROGRAM IS SUBJECT TO CHANGE FOR STUDENTS ATTENDING COURSES AND POSSIBLY, EVEN FOR STUDENTS WHO DO NOT FOLLOW THE COURSES, WHO AGREE ON ALTERNATIVE PROGRAMS.

Texts

1)- G. ALPA, LA RESPONSABILITÀ CIVILE. PRINCIPI UTET GIURIDICA, TORINO, 2010 PP. 1- 440.

2)- TIPICITÀ E ATIPICITÀ DEL FATTO ILLECITO, IN F. GALGANO (EDITOR), ATLANTE DI DIRITTO PRIVATO COMPARATO, ZANICHELLI V EDITION, BOLOGNA, 2011, PP. 155 -174.

OR, ALTERNATIVELY:

1)- DAVIDE GIANTI - PIER GIUSEPPE MONATERI - LUCA SILIQUINI CINELLI, DANNO E RISARCIMENTO, GIAPPICHELLI EDITORE, TORINO, 2013, PP. 1 – 270;

2)- TIPICITÀ E ATIPICITÀ DEL FATTO ILLECITO, IN F. GALGANO (A CURA DI), ATLANTE DI DIRITTO PRIVATO COMPARATO, V EDIZIONE, ZANICHELLI, BOLOGNA, 2011, PP. 155 -174;

3)- LA RESPONSABILITÀ PER INADEMPIMENTO CONTRATTUALE, IN F. GALGANO (A CURA DI), ATLANTE DI DIRITTO PRIVATO COMPARATO, V EDIZIONE, ZANICHELLI, BOLOGNA, 2011, PP. 117-154;
N.B.
THE PROGRAM IS SUBJECT TO CHANGE FOR STUDENTS ATTENDING COURSES AND POSSIBLY, EVEN FOR STUDENTS WHO DO NOT FOLLOW THE COURSES, WHO AGREE ON ALTERNATIVE PROGRAMS.

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