54
Comparative Private Law
REGGIO DI CALABRIA
Overview
Date/time interval
Syllabus
Course Objectives
Comparative private law has as its object the study of comparison methods, formants and different families of systems. The comparison presupposes knowledge of the foreign legal rule, the contact of a rule with that which corresponds to it in another system, to verify its concordance or diversity.
Knowledge of the multiplicity of legal models brings with it the positive effects of cultural and legal pluralism as well as having the practical function of enabling the student to operate in the European and global market as a legal professional.
Course Prerequisites
Knowledge of private law and legal history; general concepts of the general theory of law.
Prerequisites: Private law I and II.
Teaching Methods
The course will mainly take place through lectures.
Assessment Methods
Learning is verified both during lessons, through questions that the professor asks students on the topics already covered, and through the final exam.
The final exam takes place in oral form and consists of a conversation aimed at ascertaining knowledge of the program, the ability to frame phenomena, argumentative coherence and language skills.
For the purposes of assigning the vote, the following criteria will be followed:
30 cum laude: complete and critical knowledge of the topics, excellent language skills, complete and original interpretative ability, full ability to autonomously apply knowledge to solve the proposed problems;
28 - 30: complete knowledge of the topics, excellent language skills, complete and effective interpretative ability, able to autonomously apply the knowledge to solve the proposed problems;
24 - 27: knowledge of the topics with a good degree of mastery, good language skills, correct and confident interpretative ability, good ability to correctly apply most of the knowledge to solve the proposed problems;
20 - 23: adequate knowledge of the topics but limited mastery of the same, satisfactory language skills, correct interpretative ability, more than sufficient ability to autonomously apply the knowledge to solve the proposed problems;
18 - 19: basic knowledge of the main topics, basic knowledge of technical language, sufficient interpretative ability, sufficient ability to apply the basic knowledge acquired;
Insufficient: does not have acceptable knowledge of the topics covered during the course.
Texts
Attending students:
- A. Gambaro, R. Sacco, M. Graziadei, Sistemi giuridici comparati, V edizione, Utet, 2024, pp. 1-386.
Non-attending students:
- A. Gambaro, R. Sacco, M. Graziadei, Sistemi giuridici comparati, V edizione, Utet, 2024, pp. 1-467.
Contents
1. The legal comparison. Object and purpose. The method. Language problems. Diversity and uniformity in law. The individual formants. The families of systems.
2. Legal systems and their families. Sources of Civil Law. Sources of Common Law.
3. The Western legal tradition. The opposition between Common Law and Civil Law: the origins and reasons for its rethinking. The emergence of mixed legal systems.
4. Common Law and Equity in England. The training period. The consolidation of Common Law and the birth of Equity. The reforms of the 19th century and their consequences. English law in the current system and its formants.
5. The legal experience of the United States of America. The originality of the American experience in historical perspective. The sources of the current American system.
6. The French model. State, order and law in the French tradition. Codification. The application and reform of the Civil Code. Functions and style of jurisprudence.
7. The German model. The historical formation of the model. Pandectistics. The BGB. The developments of law and doctrine after the BGB and up to the mid-20th century. The current German system. The modernization of the BGB.
8. Modern civil law systems between French and German influences. The circulation of the French and German models. Italian events.
9. The law of Islamic countries
10. Indian law
More information
Per gli studenti lavoratori e gli studenti iscritti al terzo (o successivo) anno fuori corso:
- A. Gambaro, R. Sacco, M. Graziadei, Sistemi giuridici comparati, V edizione, Utet, 2024, pp. 1-386.