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 child and family law, of civil remedies, both in the latter context and in other ambits, with a special focus on the protection of constitutional rights, in light of fundamental values, freedoms and principles embodied in European and international sources of (international and supranational) law.
FOR STUDENTS ATTENDING CLASSES
Cases and materials made available during the course (e.g., essays,chapters and articles written by Italian and foreign legal scholars published in books, reviews and journals; judicial decisions and statutory sources of law) as well as further resources (i.e., videos) to which access will be possible, listed or uploaded on the Moodle platform.
FOR STUDENTS NOT ATTENDING CLASSES
1) G. Alpa, M. Bonell, D. Corapi, L. Moccia, V. Zeno-Zencovich, A. Zoppini, "Diritto privato comparato. Istituti e problemi", IV ed., 2012 (Chapters: I pgs.3-33, II, pgs. 45-154; III, pgs. 165-348; IV, pgs. 371-316) [available also as e-book: https://www.laterza.it/index.php?option=com_laterza&Itemid=&task=schedalibro&isbn=9788842099543] and, to update Chapter III, at least one of the following contributions: -
- (a) Chiara Tenella Sillani, La riforma francese del diritto dei contratti e il destino della causa, pp. 537-549 (in http://romatrepress.uniroma3.it)
- (b) - Giulia Terlizzi, Le nozioni abbandonate. La rivoluzione delle parole nella riforma francese del diritto dei contratti, in Rivista di Diritto Civile, 2017, pp. 695-724 (in:https://www.researchgate.net/publication/319877139_Le_nozioni_abbandonate_La_rivoluzione_delle_parole_nella_riforma_francese_del_diritto_dei_contratti)
- (c) Luigi Cascione, La riforma del diritto contrattuale francese (in Diritti comparati, nel sito della rivista online: diritticomparati.it [22.02.2016], containing the link to the Act that reformed the French Civil Code in 2016 as far as the law of contracts is concerned: https://www.diritticomparati.it/la-riforma-del-diritto-contrattuale-francese/);
2) E. Urso, "La mediazione familiare. Modelli, principi, obiettivi", Firenze, Firenze University Press, 2012 (Chapters: I, pgs. 1-68 and III, pgs. 135-232) [e-book available both in PDF and EPUB in the library of the University via OneSearch. See the link of Firenze University Press: : https://fupress.com/catalogo/la-mediazione-familiare--modelli-principi-obiettivi/2509]
Learning Objectives
The advanced course of "Comparative Legal Systems" is aimed at favouring a critical approach, based on a comparative analysis and on the knowledge of some core topics of contemporary private law thanks to a comparative study of much debated issues, while adopting a case method and a perspective centered on a theoretical standpoint, in dealing with main areas of child and family law and civil liability, with a special focus on the breach of the rights of the persons, considered from several standpoints. The study will be carried out 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, as well as of international law provisions.
Another purpose that characterises the course consists in enhancing the level of development of students' research skills and their ability in both analysis and synthesis, by promoting direct enquires aimed at finding sources of law and favouring critical studies devoted to applicable legislation. Furthermore, students will improve their capacity of exploring different legal argumentations and sharing them – in written papers and in speech – thanks to dialogues open to a dialectical interaction with other students and the teacher.
Another purpose that is persevered is the identification and use of research tools and methods necessary to give rise to a comparative study (e.g., of foreign writings, journals, data banks, online and in print, official and unofficial reports in order to find legal materials on which the study of various topics will be based).
Finally, a twofold goal can be considered fundamental. On the one hand, enhancing students' ability to make researches both individually and collectively, with the purpose of focusing on the interrelationships between various disciplines and proposing a critical vision of each topic dealt with, in light of the specificities of singles legal experiences and the plurality of sources of law, from a comparative viewepoint. On the other hand, it is a matter of favouring a deeper 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 conflicts resolution.
Prerequisites
Special interest towards foreign legal systems and of comparative method.
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.
In case the method based on both in campus and online learning activities should continue to be used also in the second semester of the current academic year 2020-21, all details of necessary changes will be illustrated in the Syllabus in due time and disseminated by using the section devoted to up-dated information (called "news") in the website of the School of Law and of the Department of Legal Sciences.
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.
Students who have a good knowledge of English are greatly recommended to attend the course of "Comparative Legal Systems" and of "Private Comparative Law".
If a student is interested in drafting a final dissertation (graduation) 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), given the need to read original (not translated) texts (books, articles, statutes and judicial decisions).
If, during the second semester of the current academic year 2020-21, it should be necessary to keep the method based on in campus and online learning activities, detailed information will be available in due time.
Type of Assessment
Oral examination in case of students who do not attend classes. Three questions will be asked, about different parts of the syllabus. The first question will deal with mediation (ie, a topic analysed in the book "La mediazione familiare: modelli, principi, obiettivi").The second one will be based on other profiles, selected among those analysed in the collection ("Diritto privato comparato: istituti e problemi"). The third question will be devoted to a topic apt to favour students' capacity to illustrate their capacity of proposing a critical, comparative reflection.
The evalution will be "excellent" in case 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.
If, during the second semester of the current academic year 2020-21, preventive measures adopted to protect individual and public health and to ensure safety, as a consequence of the need to fight agains the risk of spread of the contagion due to COVID-19, up-to-dated information will be disseminated in due time, by using the section "News" of the website of the School of Law and of the Department of Legal Sciences.
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 child and family law and of civil liability, with a special focus on cases of harms consisting in non pecuniary losses. Among the topics that will deserve the utmost interest, it is worth mentioning anti-discrimination strategies, civil remedies for breach of life, physical integrity, health, privacy, self-determination, in several private law contexts, while emphasising interconnections with other legal fields.
During seminars, specific topics will be examined, thanks to direct interactions between students, invited experts and the teacher.