At the end of the course, the student is expected to: - To know the elements that make up the "Comparative Legal Systems" course. - Gradually to acquire and master an appropriate legal language (technical language), which allows the concepts to be structured and the general principles of the discipline to be revealed. - To develop the ability to discern and evaluate possible solutions to easy legal problems and to critically approach the various solutions proposed.
Specific objectives a) To know the main approaches to the notion and elements of foreign legal systems and to develop a critical attitude towards them. b) To know the main rules of the sources of private law of European and non-European systems and understand their evolution. c) To develop the capacity to identify and understand the importance of legal institutions. d) To know the main types of legal acts and make appropriate use of the criteria for distinguishing between codification systems. e) To identify and relate the various systems of comparative methodology in the legal field. f) to be able to present legal arguments enabling comparative discussion of the macro differences between different legal systems from a structural and private law perspective. g) to know and analyse the treatment of subjects of law in the various legal systems. h) to make appropriate use of standard interpretative criteria for the attribution of meaning to legal declarations. i) To know the concept and purpose of comparative law.
Course Prerequisites
Having passed the courses of Istituzioni di diritto privato I and of Diritto Costituzionale
Teaching Methods
Face-to-face lectures with Socratic method, guest speaker's talks (in class or in distance), Case studies.
Assessment Methods
Oral examination
Texts
L. Acquarone, F. Annunziata, R. Cavalieri, G.F. Colombo, M. Mazza, A. Negri, L. Passanante, G. Rossolillo, L.Sempi, Sistemi giuridici nel mondo, Torino, G. Giappichelli Editore, second edition, 2016. Please note that the contents of the recommended handbooks must be complemented, even in the case of non-attending students, with the legislation in force and with the documentation or contents made available on the Kiro platform. For the preparation in relation to the part on the methodology and on the concept and purpose of comparative law, teaching material will be recommended and indicated during the course. In case the course is taken either as optional or as distinctive (6 CFU), the required reading excludes the part of methodological problems and European Union law (pages 93-103).
Contents
Illustration, under a critical point of view, of the sources of private law of European and non-European systems and understanding of their evolution to reach their current conformation. The class outlines the structure of the main European legal systems through an historical-comparative approach, offering a landscape of the ways in which those systems work nowadays.
