SOME TOPICS OF COMPARATIVE PRIVATE LAW

SOME TOPICS OF COMPARATIVE PRIVATE LAW

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iten
Code
64988
ACADEMIC YEAR
2021/2022
CREDITS
6 credits during the 2nd year of 7996 LAW (LMG/01) IMPERIA
SCIENTIFIC DISCIPLINARY SECTOR
IUS/02
LANGUAGE
Italian
TEACHING LOCATION
IMPERIA (LAW)
semester
2° Semester
modules
This unit is a module of:
Teaching materials

AIMS AND CONTENT

AIMS AND LEARNING OUTCOMES

The purpose of the second module is to complete the knowledge of legal systems other than the Italian one, deepening the knowledge of individual private institutions, always with a view to adapting the training of a lawyer to the challenges of the globalized world, able to interact with legal practitioners belonging to different legal traditions. Therefore, some institutes relating to natural persons, associations and foundations, to matrimonial property system, to property and real rights, to obligations and contracts and to the regulation of legal professions will be studied in a comparative perspective.

Thanks to these insights and the analysis of concrete cases, students:

- will be able to broaden their legal and cultural landscape, acquiring the ability to relate to some aspects of foreign law

- will have understood how the objectives and methods of comparative law come into play in the law in action

- will have familiarized  with the concept of legal tradition and will be able to relate the private institutions analyzed with the characteristics of the relative legal tradition

- will be able to identify the differences and convergences of legal systems belonging to the same legal tradition

- will be able to critically and independently assess the risks associated with a naive comparison of legal situations characterized by transnationality

Teaching methods

The module will take place through frontal lectures for a total of 36 hours (corresponding to 6 CFU), during which practical cases  previously made available to students will also be proposed and discussed.

During the academic year, tseminars and meetings with specialists - to which students will be invited to participate in order to deepen some topics under examination - will be organized.

The lectures are aimed at providing basic knowledge and illustrating the main problematic issues concerning the topics addressed. The moments of discussion are instead aimed at stimulating the critical learning of students who are asked to develop their own understanding; this understanding starts from the reading of the proposed materials and the knowledge transmitted by the teacher and aims to promote students' autonomous awareness of the topics covered.

Lessons take place in the traditional face-to-face way; however, should the ongoing pandemic situation make it necessary, they will be held on line, according to the instructions that will be promptly provided through the "aulaweb" platform.

The teacher will use aulaweb for announcements relating to lectures, seminars and conferences by uploading useful materials including slides dealing with the topics addressed in class.

SYLLABUS/CONTENT

The object of the module focuses on the comparative analysis of some of the main private institutions, such as non-profit organizatons, contracts, property and family and inheritance law, highlighting the evolution undergone by these areas in recent decades both in civil law and in English and American law. The analysis of the topics covered in class will be accompanied, in particular for common law systems, by the study of the relevant case-law.

RECOMMENDED READING/BIBLIOGRAPHY

For attending students:

A. Fusaro, Tendenze del diritto privato in prospettiva comparatistica, II Edition, Giappichelli, Turin, 2020, essays number 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 23, 28.

For about 300 pages.

For non-attending students:

A. Fusaro, Tendenze del diritto privato in prospettiva comparatistica, II Edition, Giappichelli, Turin, 2020, essays number 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28 29.

For about 400 pages.

TEACHERS AND EXAM BOARD

Ricevimento: Office hours take place on lesson days and during exam sessions, by appointment. In order to better organize the appointments, please send an email to elena.grasso@unige.it  In any case, it will always be possible to organize a videocall on Teams

LESSONS

Teaching methods

The module will take place through frontal lectures for a total of 36 hours (corresponding to 6 CFU), during which practical cases  previously made available to students will also be proposed and discussed.

During the academic year, tseminars and meetings with specialists - to which students will be invited to participate in order to deepen some topics under examination - will be organized.

The lectures are aimed at providing basic knowledge and illustrating the main problematic issues concerning the topics addressed. The moments of discussion are instead aimed at stimulating the critical learning of students who are asked to develop their own understanding; this understanding starts from the reading of the proposed materials and the knowledge transmitted by the teacher and aims to promote students' autonomous awareness of the topics covered.

Lessons take place in the traditional face-to-face way; however, should the ongoing pandemic situation make it necessary, they will be held on line, according to the instructions that will be promptly provided through the "aulaweb" platform.

The teacher will use aulaweb for announcements relating to lectures, seminars and conferences by uploading useful materials including slides dealing with the topics addressed in class.

LESSONS START

Lessons will take place in the second semester, from 14 February to 6 May 2022

EXAMS

Exam description

Since the examination is unique, please refer to what is written for exam description of Comparative private law 64986

Assessment methods

Since the exam is unique, please refer to what is written in the form Comparative private law 64986