The main aim of course is to focus on some core areas of comparative private law. A twofold approach will be adopted. Theoretical analysis will be followed together with case law method, while studying various issues in the field of child and family law, of civil liability and the law of contracts.
Books for students not registered to attend the classes: K. ZWEIGERT, H. KÖTZ, Introduzione al diritto comparato, vol. II, Istituti, Milan, Giuffré, 2011 (III edition), pgs. 1-106; pgs. 181-186; pgs. 206-281; pgs. 319-360; pgs. 432-462 and E. URSO, La mediazione familiare. Modelli, principi, obiettivi, Firenze, Firenze University Press, 2012 (Chapters I, III and IV).
Text-book and materials for registered students who will attend the classes: mandatory and optional reading (domestic and foreign judicial decisions, legal scholars' articles and legislation, in various different languages).
A list of selected Chapters, (at leat six) choosen under previous Teacher's supervision, from
the book E. URSO, (Ed.), "Le ragioni degli altri. Mediazione e famiglia tra conflitto e dialogo: una prospettiva comparatistica e interdisciplinare", Firenze, Firenze University Press, 2013, II Part, Sections I and II (pgs. 101-319) and Part III, Section I (pgs. 357-416).
Learning Objectives
On completion of this course, the student should be able to:
1)Appreciate the knowledge of some core topics of comparative private law, thanks to the study - based on case law method and theoretical analysis - of much debated issues of child and family law, of tort law, and of contract law, seen in light of the influence of European Union Law, of the case law of both the EU Court of Justice and of the European Court of Human Rights, by adopting a multidisciplinary perspective.
2) Develop reasearch abilities in the above-mentioned areas.
3) Recognize and use the tools apt to search sources of law (domestic, foreign and international ones), in order to study legal texts in their original language. 4) Understand their containts and purposes.
5) Critically evaluate legislative rules and judicial trends.
6) Learn to expose orally and to write a paper with the aim of clarifying and exploring the underlying reason of the various different opinions, as well as to compare the pros and cons of alternative solutions, by a dialectical stanpoint, based on a constant interaction among students, coordinated by the teacher.
Prerequisites
Students must fill one of these requirements:
1) passed the exam of "Sistemi giuridici" (Comparative Legal System) and
2) previous, good knowledge of (at least) a foreign language (different from Italian, also in case of students who are not Italian mother-tongue)
Teaching Methods
Students who will register to attend the course shoudld participate in all classes. These will consist of teaching activity (38 hours) and seminars (10 hours), with external experts (national and foreign academics, lawyers, judges). Each student will be also allowed to deliver a paper devoted to a specific topic, selected among those dealt with during the classes, which will be the occasion for a debate with the participation of other students.
Further information
Those students who, after passing the exam with a positive result, will be interested in presenting a final dissertation thesis in "Comparative Legal Systems (Advanced Course)", should follow teacher's mandatory indications as far as optional exams of their "curriculum" (piano di studi) are concerned. These indications will reflect the need to focus on topics strictly related to the issue selected for the dissertation thesis. Furthermore, a good knowledge of the language spoken in the country whose legal system will be object of the legal comparison will be required. This requirement is mandatory too, given the need to read all sources of law (books, legislation and judicial decisions) directly.
Type of Assessment
Oral examination for all students. Students who will attend the classes are required to participate in the seminars actively, especially in those with the presence of external legal experts, national and foreign academics, judges, and lawyers, invited because of their knowledge of the areas specifically examined. Finally, students attending the course will be invited to take part in the debates devoted to the topics that are objects of the course, by using bibliographical, legislative and judicial references.
Course program
The first part of the course will be devoted to a general historical and comparative overview of core areas of comparative private law, in various contemporary legal systems. Secondly, specific topics of child and family law, of tortious liability and the law of contracts will be analysed.
Classes will focussed on the main traits of each area, at the start. The explanation of the rise and development of current legislative and judicial solutions will be studied in depth, later on. Seminars will be based on the exam of individual issues. A contant interaction between the teacher and students will be ensured, as well as an active participation in the meeting with external, invited experts.