The course aims to approach the student to comparative law, and to the study of the partition of private law in civil law and common law systems.

The course is divided in two parts.

Part I

Introduction to comparative law and compared legal systems. Study of civil law systems and common law systems (in particular, english and USA models)

Part II

Law of property (including trust), law of contract and law od torts in civil and common law systems

The student will acquire:

- full knowledge and comprehension of civil law systems and common law systems

- full knowledge of the main partition of domestic and foreign private law and of the methodology of comparative law

- capacity of understanding the purposes and effects of law policies

- capacity of work out papers

The holder of the qualification possesses:

- capacity of applying domestic and foreign rules and regulations, understanding differences and resemblances

- capacity of finding, also through data bank, understanding and employing domestic and foreign statute law, case law and materials.

The acquisition of the above indicated requirements is verified through exercises on cases and final exam

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Teaching

The course consist of lessons, with active participation of students through discussion on materials in foreign languages (e,g. judgments, cases, statutes, etc.

Attendance

Attendance of at least 30 hours

Course books

The student who attended the course prepares for the exam on the following text:

G. ALPA, M.J. BONELL, D. CORAPI, L. MOCCIA, V. ZENO ZENCOVICH, A. ZOPPINI, Diritto privato comparato, Bari, Laterza, last edition, with exception of the parts on law of corporations and wills and testaments

Assessment

Oral exam.

The expected learning results will be evaluated by means of an oral exam, based on three questions or more. The evaluation criteria and the scale of marks are as follows:

less than 18/30: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20: competence level sufficient. In particular, the student attains the learning results described in “knowledge and understanding”.

21-23: competence level satisfactory. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

24-26: competence level good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

27-29: competence level very good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”.

30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

Teaching

The lecturer, during the receiving time or via e-mail, will available to provide informations or explanations

Course books

The student who did not attend the course prepares for the exam on the following texts:

Part I

R. Sacco, voce Diritti dell’Europa continentale e sistemi derivati (Civil law), in Enciclopedia Giuridica Treccani

U. Mattei, Il modello di common law, Torino, Giappichelli, ultima edizione

Part II

G. ALPA, M.J. BONELL, D. CORAPI, L. MOCCIA, V. ZENO ZENCOVICH, A. ZOPPINI, Diritto privato comparato, Bari, Laterza, last edition, with exception of the parts on law of corporations and wills and testaments

Assessment

Oral exam.

The expected learning results will be evaluated by means of an oral exam, based on three questions or more. The evaluation criteria and the scale of marks are as follows:

less than 18/30: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20: competence level sufficient. In particular, the student attains the learning results described in “knowledge and understanding”.

21-23: competence level satisfactory. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

24-26: competence level good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

27-29: competence level very good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”.

30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.