Università degli Studi di Perugia

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Unit EUROPEAN PRIVATE LAW

Course
Law
Study-unit Code
05A90009
Location
PERUGIA
Curriculum
In all curricula
Teacher
Cristina Costantini
Teachers
  • Cristina Costantini - Didattica Ufficiale
Hours
  • 63 ore - Didattica Ufficiale - Cristina Costantini
CFU
9
Course Regulation
Coorte 2016
Offered
2018/19
Learning activities
Caratterizzante
Area
Comparatistico
Sector
IUS/02
Type of study-unit
Opzionale (Optional)
Type of learning activities
Attività formativa monodisciplinare
Language of instruction
English
Contents
The course will be structured in two parts.
The first part, with a methodological and interdisciplinary perspective, will be edicated to the study of the process of construction of Eueopean Private Law.
The second part, with an operational perspective, will be devoted both to the study of european contract law and to the evaluation of the effectiveness of protection of human rights in Europe.
Reference texts
Attending students will be required to discuss and comment the didactic materials (pdf essays) distributed during the lectures and shall conclude the course with the redaction of two written papers on the more interesting arguments.
The students who will not attend the course have to study this main text: C. Twigg-Flesner, The Europeanisation of Contract Law - Current Controversies in Law, 2nd ed., Routledge, 2013.
Educational objectives
This teaching is devoted to provide the basic knowledge of European Private Law.
The main knowledges that students will acquire will be:
- knowledge of the principal steps within the process of construction of European Private Law;
- critical understanding of the legal techniques of unification, harmonization, uniformisation;
- knowledge of the main techniques used to draft European contract Law.
The main skills that allow to apply the acquired knowledge will be:
- identification of the spatial dislocation of civil law and common law models;
- recognition and solution of the main issues in the process of translation of juridical terms and concepts;
- identification of the principal issues to be discussed in developing a coherent and rational system of contract law.
Prerequisites
In order to be able to understand and to know how to tackle the course, students must have the basic notions of private law and public or constitutional law.
This precondition is valid for attending and not attending students.
Teaching methods
The course is organized as follows:
- lectures will deal with all the issues and problems of the course program;
- projections of slides in order to facilitate a better understanding of the topics discussed;
- delivery of learning and teaching materials to be commented, in order to stimulate the active participation of the students.
Other information
Attendance is recommended.
Learning verification modality
The exam includes only the final oral test consisting of a discussion-interview on the topics discussed during the course and examined in-depth through recommended texts.
The test aims at assuring the level of knowledge and understanding, as well as synthesis, achieved by the student. Moreover, this interview will verify that the student is able to communicate, with method, propriety of language, and of exposure, what he has acquired.
The duration of test varies depending on the performance of the test itself.
Extended program
The course will be structured in two parts.
The first part, with a methodological and interdisciplinary perspective, will be dedicated to the study of the process of construction of European Private Law.
In particular, the main topics will be:
- the critical understanding of the concept of legal tradition;
- the analysis of the relationship between juridical spatiality and geopolitical spatiality;
- the strategical representation of the cultural clash between West and East;
- the competition between Civil Law and Common Law in global context;
- the protean definition of “European private Law”.
The second part, with an operational perspective, will be devoted both to the study of european contract law and to the evaluation of the effectiveness of protection of human rights in Europe.
In particular, the main topics will be:
- the comparative analysis of the main european initiatives in contractual area;
- the detailed study of DCFR (Draft of the Common Frame of Reference);
- the influence of european private law on the internal laws of the member state;
- the strategical definitions of the nature and content of the so called human rights;
- the detailed understanding of the English Human Rights Act
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