Course teached as: B027693 - SISTEMI GIURIDICI AVANZATO 5-years Single Cycle Degree in LAW
Teaching Language
Italian
Course Content
The course will deal with the study of comparative private law. Theory and practice will be both taken into consideration with a view to analyzing debated topics of core areas in the field of civil liability, contract law, as well as child and family law.
For students attending classes: Cases and materials available at the beginning of the course, as well as the study of at least eight chapters of the following book: E. URSO, (Ed.), "Le ragioni degli altri. Mediazione e famiglia tra conflitto e dialogo: una prospettiva comparatistica e interdisciplinare", Firenze, Firenze University Press, 2013, Part II, Sections I and II (pgs. 101-319) and Part III, Section I (pgs. 357-416).
For students who do not attend classes: K. ZWEIGERT, H. KÖTZ, Introduzione al diritto comparato, vol. II, Istituti, Milano, Giuffré, 2011 (III edtion), pgs. 1-106; pgs. 181-186; pgs. 206-281; pgs. 319-360; pgs. 432-462 and E. URSO (Ed.), La mediazione familiare. Modelli, principi, obiettivi, Firenze, Firenze University Press, 2012 (Chapters: I, III and IV).
Learning Objectives
Knowledge of some core topics of comparative private law thanks to the study of much debated issues currently, while adopting a case method and a perspective centered on a theoretical standpoint, at the same time. Comparative study of main areas of civil liability, contract law and child and family law, in light of various different national legal experiences and in respect of the development of EU law and of judicial trends adopted by the EUCJ and the ECtHR.
Developments of research skills and of ability in both analysis and synthesis, by a direct enquire aimed at finding sources of law as well as on a critical studies of applicable legislation. Capacity of exploring different legal argumentations and of sharing them – in written papers and in speech – during a dialogue open to a dialectical interaction with other students and the teacher.
Identification an use of research tools and methods necessary to give rise to a comparative study (e.g., use of data banks, online and in print, of official and unofficial reports in order to find legal materials on which the study of various topics will be based.
Enhancing the ability to make researches at both individually and collectively, with the purpose of focusing on the interrelationships between various disciplines and of proposing a critical vision of each topic dealt with, in light of specificities of singles legal experiences and the plurality of sources of law, from a comparative standpoint.
Awareness of the complexity of comparative study of legal topics, by reading texts in a foreign language, while taking into account divergences among various perspectives and the coexistence of judicial and extra-judicial methods of solving conflicts.
Prerequisites
A previous, positive evaluation in the mandatory exam of comparative legal system (II year compulsory course) is deemed to be important in order to have a better knowledge of basic concepts necessary to study comparative law properly.
Teaching Methods
Classes (38 hours) and seminars (at least 10 hours). The latter will be comprehensive of the participation of foreign and Italian experts (Academics, lawyers and judges). Students attending classes will have the chance of writing and presenting a paper to be object of a debate with other students, on a topic selected together with the teacher. An explanatory session, open to all students, devoted to bibliographical resources available in the library of the university of Florence and to electronic data banks (foreign and national ones) will be scheduled at the beginning of the course.
Further information
Only students who attend classes constantly will be allowed to opt for the possibility of being examined in the way expressly indicated for those "attending" the course.
Absences should be justified expressly. They can not amount to more than 1/10 of lenght of classes. Presence will be verified by making the call, at the beginning and at the end of each class.
If a student is interested in drafting a final dissertation thesis in “advanced legal system”, some courses shall be inserted into the "study programme", while following the suggestions given by the teacher in light of each individual university CV.
A good knowledge of at least one widely spoken foreign language is necessary (e.g., English, French or Spanish).
Type of Assessment
Oral examination in case of students who do not attend classes. Three questions will be asked, about differnt parts of the syllabus.
The evalution will be "excellent" in cases
of complete and well structured replies; "good" if a general vision is exposed correctly, and "sufficient" whenever a mere illustration of the examined issues is proposed.
Students who attend classes will be invited to take part in the debate, especially during seminars with the presence of foreign and Italian experts (Academics, judges and lawyers). A wide discussion will be promoted, thanks to prior indications of bibliographical references tailored for all students, in light of their personal linguistic skills and knowledges and in light of their involvement in seminars too. Each student will be allowed to deliver a paper devoted to a specific topic so to give rise to a debate during classes. A PowerPoint presentation (with the possibility of proposing also videos, images, links) will be planned in order to favour a wider participation.
Course program
A first part will have an introductory nature. It will be devoted to an historical and comparative overview of the main features of legal systems in the field of private law.
Furthermore, a more detailed analysis will be made in respect of core areas of civil liability, contract law, child and family law.
During seminars, specific topics will be examined, thanks to direct interactions between students, invited experts and the teacher.