ID:
GIU0695
Duration (hours):
55
CFU:
9
SSD:
DIRITTO PRIVATO COMPARATO
Year:
2025
Overview
Date/time interval
Secondo Semestre (27/02/2026 - 25/05/2026)
Syllabus
Course Objectives
The course aims at introducing students to the knowledge of comparative private law subjects, providing access keys to legal systems and legal structures other than the domestic one, with particular attention to the dichotomy “civil law-common law”, through the acquisition of the basics of the comparative law methodology.
The experiences taken into account will those that can be considered the most illustrative of the two traditions, and then the English and U.S. systems, as examples of the common law tradition, the French, the German and the Italian systems, as examples of the civil law tradition. Particular attention will be devoted to the current sources of private law in the different legal systems considered and to the phenomenon of legal transplants.
The students will have demonstrate that they are able to deal with the different systems in an historical-comparative perspective, distinguishing on the one hand, the interaction between different formants of law - doctrine, case-law and legislation - in the creation of legal rules and major classifications of private law, and on the other hand the diversity in the education and in the way of thinking between common lawyers and civil lawyers.
The final part of the course will be specifically devoted to the topic of the construction of a European private law, with the aim of providing students with some tools to deal with the possible future structure of private law in the European countries.
The experiences taken into account will those that can be considered the most illustrative of the two traditions, and then the English and U.S. systems, as examples of the common law tradition, the French, the German and the Italian systems, as examples of the civil law tradition. Particular attention will be devoted to the current sources of private law in the different legal systems considered and to the phenomenon of legal transplants.
The students will have demonstrate that they are able to deal with the different systems in an historical-comparative perspective, distinguishing on the one hand, the interaction between different formants of law - doctrine, case-law and legislation - in the creation of legal rules and major classifications of private law, and on the other hand the diversity in the education and in the way of thinking between common lawyers and civil lawyers.
The final part of the course will be specifically devoted to the topic of the construction of a European private law, with the aim of providing students with some tools to deal with the possible future structure of private law in the European countries.
Course Prerequisites
Adequate knowledge of private and constitutional law.
Teaching Methods
The course will be held in the second semester and will last 55 hours.
It will take place through:
- Theory lectures aiming at explaining the topics of the course, with the support of power-point presentations
- Analysis of cases and materials that will be made available on the e-learning platform and discussed during the course in order to allow students to acquire a critical perspective
- The view of films on legal subjects connected with the topics of the course, aiming at providing a different method of approaching legal topics
- The discussion of cases by students, individually or in groups, with the aim of developing their problem solving capacity
- Conferences by Italian and foreign professors and legal practitioners on specific subjects (e.g. trust, multilingualism, etc.) in order to provide the students with different approaches
During lectures students will be invited to actively participate to the discussion, in order to stimulate their reasoning skills, their analysis capacity and their oral expression skills.
It will take place through:
- Theory lectures aiming at explaining the topics of the course, with the support of power-point presentations
- Analysis of cases and materials that will be made available on the e-learning platform and discussed during the course in order to allow students to acquire a critical perspective
- The view of films on legal subjects connected with the topics of the course, aiming at providing a different method of approaching legal topics
- The discussion of cases by students, individually or in groups, with the aim of developing their problem solving capacity
- Conferences by Italian and foreign professors and legal practitioners on specific subjects (e.g. trust, multilingualism, etc.) in order to provide the students with different approaches
During lectures students will be invited to actively participate to the discussion, in order to stimulate their reasoning skills, their analysis capacity and their oral expression skills.
Assessment Methods
The assessment will take place by an oral examination on the whole course program.
The final exam for non attending students will be based on the reference texts.
Attending students have the possibility to take part to one or two written tests, consisting in two parts: a) multiple choice questions (aimed at assessing the general knowledge of the subject); b) open-ended questions (aimed at assessing the writing and critical skills of the students and their knowledge of the legal terminology).
Both in the oral and in the written examination, the questions could focus on the analysis of materials available on the e-learning platform (or in the book “Casi e Materiali per un corso di diritto privato comparato”, for non attending students), in order to assess the ability of the students to apply the comparative methodology.
The final score will depend on the precision and quality of answers (50%), the adequate use of legal terminology (25%), and the capacity of critical analysis and reasoning (25%)
The final exam for non attending students will be based on the reference texts.
Attending students have the possibility to take part to one or two written tests, consisting in two parts: a) multiple choice questions (aimed at assessing the general knowledge of the subject); b) open-ended questions (aimed at assessing the writing and critical skills of the students and their knowledge of the legal terminology).
Both in the oral and in the written examination, the questions could focus on the analysis of materials available on the e-learning platform (or in the book “Casi e Materiali per un corso di diritto privato comparato”, for non attending students), in order to assess the ability of the students to apply the comparative methodology.
The final score will depend on the precision and quality of answers (50%), the adequate use of legal terminology (25%), and the capacity of critical analysis and reasoning (25%)
Contents
The course is aimed at introducing students to the knowledge of the major legal systems in force, with particular regard to the civil law - common law dichotomy, through the acquisition of the basics of the comparative analysis method.
The experiences taken into consideration will be those most illustrative of both traditions, i.e. the English and US traditions for common law systems, and the French, German and Italian traditions for civil law systems. Particular attention will also be devoted to the current structure of the sources of private law in the various legal systems taken into consideration and to the phenomenon of the circulation of legal models.
Lastly, the course also includes a monographic part devoted to a topic of relevance and topicality that will be defined at a later date, such as changing circumstances, instruments to combat gender-based violence, sustainable finance instruments, etc.
The experiences taken into consideration will be those most illustrative of both traditions, i.e. the English and US traditions for common law systems, and the French, German and Italian traditions for civil law systems. Particular attention will also be devoted to the current structure of the sources of private law in the various legal systems taken into consideration and to the phenomenon of the circulation of legal models.
Lastly, the course also includes a monographic part devoted to a topic of relevance and topicality that will be defined at a later date, such as changing circumstances, instruments to combat gender-based violence, sustainable finance instruments, etc.
Course Language
ITALIAN
More information
Office hours after lectures by appointment via email.
Degrees
Degrees
Law - Varese
Single-cycle Master’s Degree
5 years
No Results Found
People
People (2)
Docenti di ruolo di Ia fascia
No Results Found