DIRITTO PRIVATO COMPARATO(9 CREDITI)

Knowledge and understanding
Introduction to knowledge and understanding of the legal systems of common law and civil law. Deepening the knowledge on techniques to cost allocation of conflicts, resulting by unplanned contacts (tort and liability insurance) in different jurisdictions, also in order to a better understanding of the choices in the Italian laws and jurisprudence.
Ability to apply knowledge and understanding
Acquisition of the method and the tools of comparative law. Learning to the study of legislation and court rulings of other jurisdictions. Ability to identify problems and solve them in different regulatory systems.

After a general introduction to comparative law and to the essential features of modern legal systems, the first part of the course will deal with the peculiarities of the common law tradition in comparison with other modern western legal systems. This part of the course will be mainly based on traditional lectures delivered by the course teacher. The second part of the course will focus on some fundamental concepts in the field of contract law, through a comparison between common law and civil law. During the second part of the course, students will be required to actively participate to class discussion of cases and materials of foreign and comparative law to be read in advance.

Should teaching be carried out in mixed mode or remotely, it may be necessary to introduce changes with respect to previous statements, in line with the programme planned and outlined in the syllabus.

Part I:

Functions and tools of comparative law; The western legal tradition; English and US Common Law; Civil law systems: the common roots; the French model; the German model; the modern civil law systems between French and German influences.

part II:

Rules and problems of private law between common law and civil law (Trust; Consideration; Promissory Estoppel).

1. Parte generale: Gambaro - Sacco, Sistemi giuridici comparati , UTET (ultima edizione), p. 1-254

2. Parte speciale: P. Pardolesi (cur.), Seminari di diritto privato comparato, Cacucci (Bari 2011), only the following parts: Il trust e il contratto di fiducia (p. 129 - 164); La consideration al crocevia della causa e forma del contratto (p. 293 - 341); Il promissory estoppel, la promessa unilaterale e la culpa in contrahendo: relazioni pericolose? (p. 343 - 388).