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Comparative Law (GED75201)

General information

Type:

OP

Curs:

4

Period:

S semester

ECTS Credits:

5 ECTS

Teaching Staff:

Group Teacher Department Language
Verona Tio Perez-Albert Derecho ENG

Prerequisites

None.

Previous Knowledge

None.

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 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 is expected 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. I. GENERAL CONSIDERATIONS

1. Introduction
a) The concept of Comparative Law
b) The functions and aims of Comparative Law
c) The method of Comparative Law

2. What is to be compared?
a) The problem of comparability
b) The legal families
c) The presumption of similarity

2. II. COMMON LAW AND CIVIL LAW LEGAL SYSTEMS

3. Common Law (I)
a) Historical background of English Law
b) Development of English procedural tradition
c) English Law remedies
d) Courts and Lawyers in England

4. Common Law (II)
a) Precedent and legal reasoning
b) Statutory interpretation
c) American Law

5. Civil Law (I): The Romanistic Legal Family
a) Historical background of Civil Law legal systems
b) The Code Civil
c) Courts and Lawyers in France
d) Geographic spread of the French Civil Code

6. Civil Law (II): The Germanic Legal Family
a) The German Civil Code (BGB)
b) Courts and Lawyers in Germany
c) The General Civil Code of Austria and the Swiss Civil Code

3. III. SELECTED TOPICS

7. Remedies for breach of contract
a) The concept of remedy
b) Specific performance
c) Penalty clauses

8. Trust and fiducia
a) The concept of trust in the Common Law
b) Divergence among legal systems about trusts
c) Recognition of Common Law trusts in Civil Law countries

9. Civil procedure
a) Forum non-conveniens
b) Pre-trial discovery of documents

4. IV. HARMONISATION AND UNIFICATION OF PRIVATE LAW

10. Common Law and Civil Law: convergence or divergence?
a) Harmonisation of contract law
b) Possibilities and obstacles to harmonisation
c) Role of Comparative Law

Methodology

Teaching-learning methodology:
The course is based on lecture classes and active class participation. Reading assignments of different materials will be scheduled and posted on the course website to be accessed for careful reading in advance individually and commented openly in class.

ASSESSMENT

ASSESSMENT BREAKDOWN

Description %
Active class participation 35
Final written exam 65

Assessment criteria

The assessment criteria is based on the ongoing active participation of the student in class and on a final written exam. The active class participation requires from the student regular attendance, accessing for careful reading to the assignments scheduled and participation during class open discussions. The final written exam will be assessed taking into account critical analysis and personal reflection, provided that the latter is the result of a solid understanding of the course content and not just the product of personal preferences. Quality and not the quantity of the final written exam will be an important assessment criteria and will contribute positively to the grade.

Students who do not: Pass this course in the FIRST-SITTING due to not attending class or copying during the final written exam will not be able to RE-SIT THE FINAL and will thus have to re-take the course, duly completing the activities specified by the Faculty.

Bibliography

Basic bibliography

Readings published on the course website.

Complementary bibliography

Bogdan, M., Concise Introduction to Comparative Law, Europa Law Publishing, 2013.

Samuel, G., An Introduction to Comparative Law Theory and Method, Hart, 2014.

Samuel, G., A Short Introduction to the Common Law, Edward Elgar, 2013.

Siems, M., Comparative Law, Cambridge University Press, 2014.

Zweigert, K., Kötz, H., An Introduction to Comparative Law, 3rd ed., Clarendon, 1998.

Timetable and sections

Group Teacher Department
Verona Tio Perez-Albert Derecho

Timetable

From 2018/9/18 to 2018/11/20:
Each Tuesday from 10:15 to 12:15.

Tuesday 2018/12/4 from 14:00 to 17:00.