Unit EUROPEAN PRIVATE LAW

Course
Law
Study-unit Code
A001388
Location
PERUGIA
Curriculum
In all curricula
Teacher
Cristina Costantini
Teachers
  • Cristina Costantini
Hours
  • 54 ore - Cristina Costantini
CFU
9
Course Regulation
Coorte 2022
Offered
2024/25
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
English
Contents
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 disciplinary specificities of comparative law. In this framework, the genealogy of European private laws will be understood from a dynamic and comparatistic perspective.
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. At their choice, attending students can alternatively discuss two chapters of the book P.G. Monateri, Comparative Legal Methods, Edward Elgar, 2021.
The students who will not attend the course have to study this main text: P.G. Monateri, Comparative Legal Methods, Edward Elgar, 2021.
Educational objectives
The course is devoted to provide the basic knowledge of Comparative Private Law.
The main knowledges that students will acquire will be:
- knowledge of the main methodologies of Comparative Law;
- critical understanding of the mutual relationships between Law and culture; Law and other fields of knowledge (Literature; Economics; Arts);
- knowledge of the main criteria used to identify legal families in the world.
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 and tort 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 strongly reccomended.
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 style of judicial decisions;
- 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 private rights in Europe.
Obiettivi Agenda 2030 per lo sviluppo sostenibile
4
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