00232 - Comparative Private Law

Academic Year 2019/2020

Learning outcomes

The course will introduce students to a comparative knowledge of legal concepts of private law, in order to provide them tools to a better understanding of different legal systems and foreign rules. Peculiar attention will be devoted to the legal uniformation process as related to economic and legal globalization, as well as to the European integration process, pointing out the role of comparative law also in the field of international contracts.

Course contents

Introduction to comparative law - Macro-comparison: legal families. Circulation of models and legal transplants - Micro-comparison - Introduction to private law from a comparative perspective. Comparative contract law - Comparative tort law - IP protection - Product liability -  - Trust - Islamic law and Islamic finance - International contracts: negotiation, drafting and formation - The Vienna Convention on the International Sale of Goods -Comparative corporate law (hints) - Comparative bankruptcy law (hints).

Readings/Bibliography

Handbook:

Vincenzo Varano – Vittoria Barsotti, La tradizione giuridica occidentale, vol. I, testo e materiali per un confronto civil law common law, Sixth edition, Giappichelli, Torino, 2018, pp. 1-44, 107 -181, 250-348.

Atlante di diritto privato comparato (ed. by) FRANCESCO GALGANO, together with Franco Ferrari and Gianmaria Ajani, fifth edition, Zanichelli, Bologna, 2011, pp. 33-54; 69-144; 155-174; 213-240; 245-254; 267-288.

Monographic part:

Attending students: Material provided and/or reccomended in class.

Non-attending students: F. Bortolotti, Il contratto internazionale - Manuale teorico/pratico, 2nd edition, Cedam, Padova, 2017, pp. 3-19, 319-347.

NOTE: Fort those students who have included the exam in their academic plan before a.y. 2011-2012, the reccomended handbook is:

Aldo Frignani - Marco Torsello, Il contratto internazionale. Diritto comparato e prassi commerciale, Cedam, Padova, 2010, Chapters I-XII (pp. 1-730);

together with

Francesco Galgano (ed. by, together with Franco Ferrari and Gianmaria Ajani) Atlante di diritto privato comparato, 5° ed., Zanichelli, Bologna, 2011, Table 1, 2 e 4.

COMPLEMENTARY ACTIVITIES OF PRIVATE COMPARATIVE LAW (3CFU):

Syllabus as follows:

1) Economic regimes between spouses and circulation of movable
2) Introduction to uniform law and international sale;
3) Negotiable instruments in civil law and common law;
4) IP.

Or, alternatively:

Aldo Frignani - Marco Torsello, Il contratto internazionale. Diritto comparato e prassi commerciale, Cedam, Padova, 2010, Chapters I-III + Chapt. VII (pp. 1-154 + 437-512).

 


Teaching methods

The course will be developed through lessons and seminars. Regular attendance will be ascertained through student's self-certification.

Assessment methods

Final exam will be held on oral form. Attending students will be granted ad hoc exam.

The course will be carried out in the first semester.


Teaching tools

Educational material will be uploaded and made available in ad hoc e-learning space, as well as slides related to the main topics dealt with during the course.

Office hours

See the website of Laura Maria Franciosi

SDGs

Quality education Reduced inequalities Peace, justice and strong institutions Partnerships for the goals

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.