Comparative Law (GED75201)
General information
Type: |
OP |
Curs: |
4 |
Period: |
S semester |
ECTS Credits: |
5 ECTS |
Teaching Staff:
| Group |
Teacher |
Department |
Language |
| |
Cristina González Beilfuss |
Derecho Privado |
ENG |
Workload distribution
Workload distribution:
Classroom-based activities: 40% of total credits
Guided activities: 30% of credits
Independent study: 50% of credits
COURSE CONTRIBUTION TO PROGRAM
This course contributes to the internationalisation of the GED curriculum: Firstly, due to it being a subject taught in a foreign language (English), and, secondly, as it its focus goes beyond the limits of the different forms of legal systems. It helps future lawyers develop a broader and less local vision of Law, something which is especially important in an increasingly globalised society.
Course Learning Objectives
The student should be able to:
- Become aware of the importance of Law as a regulatory system for social relations with significant differences in different parts of the world
- Recognise the impact europeanisation and globalisation have on legislation
- Clearly distinguish between accessory and fundamental issues
Competences
| 5. Ability for continuous learning Ability to learn continually |
| 9. Autonomy, independence, initiative, pro-activeness |
CONTENT
1. General considerations a) The concept of Comparative Law
b) The functions and aims of Comparative Law
c) The Comparative Law method
|
2. I. THE LEGAL FAMILIES 2. Roman Law
a) Essential features of the 1804 Civil Code
b) Reception of the Civil Code
c) Courts and lawyers in France, Italy and Spain
3. German Law
a) The German Civil Code
b) The reception of the German Civil code in Austria and Switzerland
c) The importance of legal writing
4. Common Law
a) Law findings and procedures in Common Law and Civil Law
b) Courts and lawyers in England
c) Law in the United States of America
5. Islamic Law
a) The Muslim conception of Law
b) Law and religion in Islamic societies
c) Basic concepts of Islamic Law
|
3. II. SELECTED TOPICS 6. Trusts and fiducia
a) The trust concept in Common Law
b) Divergence among legal systems about trusts
c) Recognition of Common Law trusts in Civil Law countries
7. The performance of contracts
a) Claims to performance and their enforcement
b) Breach of contract
c) The effect of supervening events
8. Marriage dissolution
a) Separation, annulment and divorce
b) Types of divorce
c) Repudiation
9. Civil procedure
a) Forum non conveniens
b) Pre-trial discovery of documents
|
4. III. HARMONISATION AND UNIFICATION OF PRIVATE LAW 10. International Contract Law
a) The Vienna Convention on the International sale of goods
b) The Unidroit Principles on international contracts
c) European Contract Law
|
Methodology
Teaching-learning methodology:
Lecture classes will consist of group discussions based on the prior reading of set texts.
Faculty will list the weekly set readings for each of the classroom sessions on the course webpage.
Learning modalities:
Discussion groups to foster cooperative learning; the capacity to summarise the knowledge taught; the use of independent study, dialogue, argumentation, rhetorical and debating skills and assessment and self-assessment skills.
ASSESSMENT
ASSESSMENT BREAKDOWN
| Description |
% |
| Ongoing assessment |
50 |
| Final exam |
50 |
Assessment criteria
Attendance is essential.
Student's contributions to group discussions, their ability to develop and use arguments and the presentation of their own views will be assessed.
Assessment details:
- Ongoing assessment: 50% (10% assessment of competences)
- Final exam: 50% (students must pass the exam to pass the course)
Students who do not:
1. Pass this course in the FIRST-SITTING due to not attending class, not completing the assignments specified or copying these will not be able to RE-SIT THE FINAL and will thus have to re-take the course, duly completing the activities specified by faculty.
2. Have the level of required competencies may move on to the next year so long as they pass this course but they will not be able to complete the final degree project until they achieve the level of competencies required for the programme.
Bibliography
Short bibliography:
Set readings will listed on the course webpage.
Complementary bibliography:
Dell'Aquila, Enrico :Introducción a la comparación jurídica : con apéndices sobre los derechos tradicionales de África y América precolombiana Barcelona : PPU, 2007
Martinez Elipe, Leon :Marco jurídico occidental : familias jurídicas / Madrid : Montecorvo, 2007
Reimann, Mathias and Zimmermann; Reinhard The Oxford handbook of comparative law Oxford : Oxford University Press, cop. 2006
Sánchez Lorenzo, Sixto (editor) : Derecho contractual comparado: una perspectiva europea y transnacional, Pamplona : Editorial Civitas, 2009
Somma, Alessandro Introducción crítica al derecho europeo de los contratos / Madrid ; Barcelona : Marcial Pons, 2008
Timetable and sections
| Group |
Teacher |
Department |
| |
Cristina González Beilfuss |
Derecho Privado |
Horari
From 2015/9/17 to 2015/10/7:
Each Wednesday from 15:00 to 18:00. (Except: 2015/9/23)
Each Thursday from 15:00 to 17:00. (Except: 2015/9/24 and 2015/10/1)
From 2015/10/13 to 2015/10/28:
Each Wednesday from 15:00 to 18:00. (Except: 2015/10/14 and 2015/10/21)
Each Tuesday from 15:00 to 17:00. (Except: 2015/10/20 and 2015/10/27)
From 2015/11/5 to 2015/11/18:
From Wednesday to Thursday from 15:00 to 18:00. (Except: 2015/11/11 and 2015/11/12)
Each Wednesday from 15:00 to 17:00. (Except: 2015/11/18)
From 2015/11/26 to 2015/12/14:
Each Monday from 10:00 to 12:00. (Except: 2015/11/30 and 2015/12/7)
Each Wednesday from 15:00 to 18:00. (Except: 2015/12/2)
Each Thursday from 15:00 to 17:00. (Except: 2015/12/3 and 2015/12/10)
Tuesday 2015/12/15 from 10:00 to 12:00.
Tuesday 2016/7/12 from 10:00 to 13:00.
