Unit COMPARATIVE PRIVATE LAW
- Course
- Law
- Study-unit Code
- A001386
- Location
- PERUGIA
- Curriculum
- In all curricula
- Teacher
- Giovanni Marini
- Teachers
-
- Giovanni Marini
- Hours
- 63 ore - Giovanni Marini
- CFU
- 9
- Course Regulation
- Coorte 2020
- Offered
- 2022/23
- Learning activities
- Caratterizzante
- Area
- Comparatistico
- Academic discipline
- IUS/02
- Type of study-unit
- Opzionale (Optional)
- Type of learning activities
- Attività formativa monodisciplinare
- Language of instruction
- Italian
- Contents
- The course aims to offer students, in the first place, the indispensable
'technical' detailed information on doctrinal styles, operating rules,
arguments and conceptual schemes in the main experiences of Western
and non-Western legal tradition; secondly, it aims to offer a vision of the
transnational and dynamic nature of most legal discourses. - Reference texts
- ATTENDING STUDENTS
1) V. VARANO - V. BARSOTTI, La tradizione giuridica occidentale, volume
I, Testo e materiali per un confronto civil law common law, Torino,
Giappichelli 2021; (with the exclusion of chapter IV, The legal tradition of
Nordic countries and appendices of each chapter)
2) For attending students, in any case, ALL materials and readings - Educational objectives
- The course aims, based on the most recent methodological acquisitions
of comparative analysis, to develop:
- the ability to orient oneself in multilevel systems, that is, characterized
by the pluralism of orders, rules and interpretations;
- critical knowledge of the various taxonomies of private law in order to
evaluate their historical relativity and the objectives that have been
reached in other systems with their use;
- the way in which similarities and differences have been outlined and
what the strategies and ideological projects of such legal discourses can
be. - Prerequisites
- For the study of comparative private law it is essential to a sound
understanding of the institutions of Private law. - Teaching methods
- frontal classes; seminars; tests
- Other information
- attendance is not mandatory but strongly recommended
- Learning verification modality
- The final test consists of an oral exam, aimed at assessing, alongside the
knowledge of the legal data, the logical-legal skills and the technique of
the legal language. The duration of the exam varies according to the
progress of the questions. - Extended program
- The aim of the course is the study of those elements, explicit and implicit,
that characterize the various
legal traditions (operational rules, conceptual structures, relevant
classifications, techniques
arguments, representations of identities), of their diffusion on a global
scale, of
modalities of their circulation and their redistributive effects with respect
to individuals and groups in the
different geographical areas.
The course is structured in such a way as to combine the classic forms of
the so-called frontal teaching, a
more seminar-like approach, during which cases will be presented,
analyzed and discussed
and materials in order to bring students closer to styles and languages
typical of different experiences
legal, to encourage the discussion of the various aspects of the course,
both between teacher and students, and between
students themselves, to think about the use of the concepts and legal
instruments presented andstimulate the problematization of cases and materials by students.
The course will be dedicated to individual institutions (property, contract,
civil liability) and problems
(legal personality, patrimonial responsibility, credit guarantee) of private
law in the
development of the different legal traditions and their diffusion beyond
the European borders during the
different phases that have marked modern and contemporary law.
Particular attention will be paid to the way in which comparative law has
contributed in these
phases, to the redefinition of the global space of its borders, not only
through phenomena of
inclusion and exclusion, but also through the creation of zones of
hybridization to the respective ones
borders.