1. COMPARATIVE LAW. 1. Concept of comparative law. 2. History of comparative law 3. Functions and goals of comparative law. 4. Comparative methodology. 5. The limits of comparative law. 6. The theory of legal systems. 6.1. The style of the legal system. 6.2. The western legal tradition.
2. THE “CIVIL LAW” LEGAL SYSTEMS. 1. From the reception of Roman law to national codifications. 2. History of French law. 3. Main characteristics of the civil code. 4. Reception of the French civil code around the globe.
3. THE GERMANIC LEGAL SYSTEMS. 1. History of German law. 2. The BGB. 3. The Austrian ABGB 4. The Swiss Civil Code.
4. THE COMMON LAW. 1. The development of English common law. 2. The extension of common law in the world. 3. The law in the United States. 4. The so-called “mixed” legal systems.
5. OTHER GLOBAL WORLD TRADITIONS.1. The legal systems of the Far East. 1.1 Japan. 1.2 China. 2. Islamic law.
6. SOURCES AND APPLICATION OF LAW. 1. The role of the judge and the position of the written law in comparative perspective. 2. Sources of law. Interpretation and application of legislative acts. 3. Comparative approach to procedural rules and practices.
7. EUROPEAN PRIVATE LAW. 1. European private law. 2. Contract and tort law 2.1. The principles of European contract law (PECL). 2.2. The principles of European tort law (PETL). 3. The CEFL Principles of European family law. 4. Towards a European civil code? The Draft Common Framework of Reference (DCFR) and the private law of the European Union.
Students who have successfully completed the learning activities included in the continued evaluation plan are not required to sit the final exam. The continued evaluation plan consists of a) a minimum of 80% attendance in scheduled classroom sessions, b) classroom preparation and discussion of suggested readings and c) writing a brief essay (3 pages) analysing an issue of comparative law (synthesis assessment test).
The final exam will consist of a written test including a choice of one (1) short question from among three (3) possible questions and one longer question dealing with a topic of Unit 7 (European private law). It will assess the ability of students to connect concepts, to synthesise the main ideas emerging from the topics chosen and to master the special technical concepts of the subject.
Criteris específics de la nota «No Presentat»:
Any student who does not show up to take the final test scheduled according to the official calendar of exams will be given a mark of “incomplete”. Students who have successfully completed the activities of continued evaluation plan are not required to take the final exam.
Subject included in the ENGLISH PROGRAMME of the Faculty of Law. All learning activities and materials are in English. A minimum level of English and a certain familiarity with legal English are necessary to be able to follow the lessons and work with the materials properly.
This subject is especially suitable for those interested in continuing their legal studies abroad, as well as for ERASMUS students who want to expand their knowledge of other legal systems.