Giurisprudenza | COMPARATIVE PRIVATE LAW

cod. 0160100051

COMPARATIVE PRIVATE LAW

	0160100051
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2017/2018

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
	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.

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.

	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 LAW OF CONTRACT'S THEORY.

	Contents
	THE 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
	LECTURES ARE 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 INSTEAD OF PRIVILEGING QUANTITY OF IDEAS. LECTURES WILL BE INTEGRATED BY SEMINARS, WORKSHOP AND PREPARATION OF PLEADING, TO ALLOW STUDENTS TO APPLY WHAT THEY HAVE LEARNED.

Teaching Methods

LECTURES ARE 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 INSTEAD OF PRIVILEGING QUANTITY OF IDEAS. LECTURES 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. 1) FOR STUDENTS NOT ATTENDING THE LECTURES: FINAL ORAL EXAMS. 2) FOR STUDENT ATTENDING THE LECTURES: FINAL ORAL EXAMS WHERE GREAT ATTENTION WILL BE PAYED ON THE ACTIVE STUDENT'S PARTECIPATION TO THE LECTURE ITSELF, AS WELL AS ON THE READING AND UNDERSTANDING OF ARTICLES HANDED OUT. DURING THE LAST WEEK OF THE COURSE, STUDENTS CAN ASK FOR AN ASSESSEMENT, THAT WILL EXEMPT THEM FROM THE FINAL EXAM, OR CAN ELABORATE 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, AMONGST 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.
1) FOR STUDENTS NOT ATTENDING THE LECTURES: FINAL ORAL EXAMS.
2) FOR STUDENT ATTENDING THE LECTURES: FINAL ORAL EXAMS WHERE GREAT ATTENTION WILL BE PAYED ON THE ACTIVE STUDENT'S PARTECIPATION TO THE LECTURE ITSELF, AS WELL AS ON THE READING AND UNDERSTANDING OF ARTICLES HANDED OUT. DURING THE LAST WEEK OF THE COURSE, STUDENTS CAN ASK FOR AN ASSESSEMENT, THAT WILL EXEMPT THEM FROM THE FINAL EXAM, OR CAN ELABORATE 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, AMONGST LEGAL CONCEPTS, THOSE WHO ARE OF RELEVANCE;
D) DEVELOPEMENT OF A LEGAL WAY OF REASONING, ABLE TO SHOW INDUCTIVE AND DEDUCTIVE INFERENCES.

	Texts
	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. ZANICHELLI, BOLOGNA, 2011

	More Information
	EDUCATIONAL ORGANIZATION OF THE COURSE: THE COURSE IS BASED 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. TO ALL STUDENTS: AVAILABILTY OF THE LECTURER TO GIVE SUPPLEMENTARY EXPLANATIONS. LANGUAGE OF INSTRUCTION: ITALIAN.

BETA VERSION Data source ESSE3 [Ultima Sincronizzazione: 2019-05-14]