91365 - Foundations Of Private Comparative Law

Learning outcomes

The course introduces students to the knowledge of private law from a comparative perspective, fostering the acquisition of a critical awareness of this perspective's strategic role in the contemporary legal context. The course aims at providing students with the basic methodological knowledge of comparative analysis, applied to the Western legal tradition (and to the two great subtraditions of common law and civil law) and non-Western legal tradition. Particular attention is devoted to the study of the similarities and differences in legal mentalities, the phenomena of circulation of legal models between different legal systems and the interaction between legal formants - doctrine, case law and legislation in primis. This knowledge aims at developing cognitive skills and the ability to work with different rules and systems belonging to the Western and non-Western legal traditions, skills that contribute to the formation of a jurist with an international dimension.

Course contents

The course program is organized as follows:

1 Introduction to comparative law

2. The Common law system

2.A. The British Model

2.B. The US Model

3. The civil law system

3.A. The French Model

3.B. The German Model

4. Mixed Jurisdictions

4.A Québec

4.B Louisiana

5. Micro-comparison: Contract Law

6. Micro-comparison: Tort Law

7. Micro-comparison: Property Law

Readings/Bibliography

Rodolfo Sacco, "Legal Formants: A Dynamic Approach to Comparative Law" (I and II), in American Journal of Comparative Law, n. 39 vol 1 and 2, 1991.

William Tetley, "Mixed Jurisdiction: Common Law v. Civil Law (Codified and Uncodified)", in Louisiana Law Review, Vol. 60 n. 3, 2000, pp. 676-738.

Michele Graziadei, "Comparative Law as the Study of Transplants and Reception", in The Oxford Handbook of Comparative Law Edited by Mathias Reimann and Reinhard Zimmermann, 2006-2012, pp. 441-485.

Teaching methods

The course follows an interdisciplinary approach, aimed at the direct involvement of the students, combining the classic frontal lessons with the study and critical analysis of some case law that have played a central role in the definition of the rules and in the evolution of the legal systems. The reading of some fundamental texts for the framing of normative contexts and the various legal processes and the vision of some films that represent the legal experiences of common law, in its main expressions, will also be included as teaching methods.

The participation to to course is compulsory for students of Legal Studies degree. The intensity and continuity of participation to the course will be assessed by the professors at the beginning of each class

Assessment methods

The evaluation takes place through a final exam, which ensures the acquisition of the required knowledge by conducting an oral examination.

The oral examination consists of an interview with the teacher or the assistants of the teacher.

The examination is designed to appreciate the level of understanding and mastery of the comparative method in the study of private law topics, as well as the ability of active working with the fundamental rules of the different systems. The achievement by the student of an organic vision of the issues addressed, and in particular the ability to capture the dynamic aspects of private law topics, in a comparative perspective, gathering similarities and differences, influences and cohesion, will be evaluated with marks of excellence. The knowledge of the topics covered in the course that is mainly mnemonic and notional and that will lead to an oral colloquium not well supported by reasoning of synthesis and analysis of the issues, and the using an organic and correct language but not always appropriate, will lead to an average pass outcome; training gaps and / or inappropriate language, albeit in the context of a minimal knowledge of the exam material, will lead to just enough mark; training gaps, inappropriate language, lack of guidance within the texts, will be adversely evaluated.

In order to sit for the exam, registration through the electronic platform "Almaesami" is required, in compliance with mandatory deadlines (usually 7 days before the date set for the examination). Those who do not succeed with the enrolling by the due date, are required to report promptly (and in any case before the official closing of the registration lists) the problem to the school's secretary office. The professor, evaluated the problem, will decide about the admission to sit for the exam.

Registration via email and out of the terms, will not be accepted.

The course will be held in the first semester and therefore students who have chosen the course in the current year will be able to sit for the exam starting from the month of January.

Only students that are regularly enrolled, that paid all the due university taxes will be able to sit for the examinations. Under no circumstances it will be possible to sit the examination and proceed with the registration not simultaneously.

For Legal Studies Master students: please consider that Foundations of Private Compcarative Law is a module of the course Foundations of Comparative Law, which includes two different parts (Foundations of Private Comparative Law and Foundations of Public Comparative Law). The mark is only one and will be the result of the average of the two parts of the course. The final mark will be registered only when the student will obtain the evaluation for both modules.

Students with learning disorders and/or temporary or permanent disabilities: please contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

Teaching tools

During the course, additional materials (ie, judicial decisions, academic writings and videos) will be made available for student. Moreover, experts will be invited to hold lectures.

The course materials will be made available on the "virtuale" platform. The access to the platform is granted with the UNIBO credentials.

Office hours

See the website of Angela Carpi