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Course 2019-2020 a.y.

30431 - LAW - MODULE 2 (PRIVATE LAW)

WBB
Department of Law

Course taught in English

Go to class group/s: 31

WBB (6 credits - II sem. - OBCUR  |  IUS/01)
Course Director:
PIETRO SIRENA

Classes: 31 (II sem.)
Instructors:
Class 31: ANDREA MARIA GAROFALO


Mission & Content Summary
MISSION

The course provides a general introduction to the study of law, starting with the basic concepts of jurisprudence. The expected goal is that students become acquainted with the economic and political dimension of law, understanding it as the level playing field of any social relation, both at the domestic and the international level. Particularly, the course deals with some of the essential rules applicable to economic activities, focusing on the interaction between party autonomy and market regulation in business transactions. The expected goal is that students learn how to tackle and discuss legal problems and gain a good command of the terminology of private law. The course adopts an international perspective and highlights the main differences between civil law and common law jurisdictions in the context of the Western legal tradition. The aim is to provide a guidance on issues of international relationships in which the applicable law can crucially influence the economic outcome of a transaction. In this regard, also European private law is taken into consideration with a specific focus on the rules aiming to protect consumers vis-à-vis professionals. In the final part of the course, small groups of attending students are given an assignment. The expected goal is to train students in addressing legal issues by drawing up a memorandum and/or a presentation.

CONTENT SUMMARY

General part:

  • Law and the state.
  • National laws and private international law.
  • Rules, principles, and (families of) legal systems.
  • Civil law and common law.
  • European law.
  • Private and public law.
  • Sources of law.
  • Uniform law: the Convention on Contracts for the International Sale of Goods (CISG).
  • Soft law and trends of supranational law: Principles of European Contract law (PECL), Draft Common Frame of Reference (DCFR), UNIDROIT Principles of International Commercial Contracts (PICC).

Special part:

  • Natural persons and legal entities.
  • Contracts.
  • Consumer protection.
  • Torts and civil liability.
  • Property.

Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Illustrating the general principles and rules applicable to the most important branches of private law.
  • Identifying the main differences between civil law and common law jurisdictions in the field of contract, tort and property.
  • Describing the relevant issues related to international contracts.
  • Explaining the impact that legal rules can produce in the market and their influence on the behavior of businesses and consumers.
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Using the terminology of private law both in civil law and in common law jurisdictions.
  • Assessing legal rules from a social and economic point of view.
  • Drawing up a document dealing with legal issues and presenting it orally.

Teaching methods
  • Face-to-face lectures
  • Guest speaker's talks (in class or in distance)
  • Exercises (exercises, database, software etc.)
  • Case studies /Incidents (traditional, online)
  • Group assignments
  • Interactive class activities (role playing, business game, simulation, online forum, instant polls)
DETAILS
  • Guest speakers intervene during classes to deliver a talk on their own field of expertise.
  • Exercises consist in the consultation of printed and/or electronic legal resources.
  • Case studies are illustrated and discussed in class;
  • Group assignment will consist in drawing up a memorandum supported by a PwP presentation.
  • Interactive class activities consists in discussing the afore-mentioned memoranda and peer evaluating them.

Assessment methods
  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
  •   x x
  • Group assignment (report, exercise, presentation, project work etc.)
  • x    
  • Active class participation (virtual, attendance)
  • x    
    ATTENDING STUDENTS
    • Attending students must take two partial exams: one is partial in the middle of the semester, the other end-of-semester. Each of them consists of 27 multiple choice questions and 2 open ended questions. For each multiple choice question, four possible answers are given, only one of them being the right one. Each right answer is awarded 1/30 point; no penalty for wrong or missing answers is given. Answers to open ended questions are evaluated up to 2/30 points each. The registered grade is the average between the grades of the two partial exams.
    • The program of each partial exams for attending students is comunicated in class.
    • For students who actively participate in classes, the average may be increased by 1/30 points and, on top of that, up to to 2/30 points for group assignments.
    • Students failing to pass either of the two partial exams have to take a general exam, consisting of 27 multiple choice questions and 2 open ended questions. For each multiple choice question, four possible answers are given, only one of them being the right one. Each right answer is awarded 1/30 point; no penalty for wrong or missing answers is given. Answers to open ended questions are evaluated up to 2/30 points each.
    • The program of the general exam for attending students is indicated in the section on teaching materials for attending students (see below).
    • Exams are purported to verify that students have achieved a certain knowledge of the general principles and rules applicable to the most important branches of private law, the main differences between civil law and common law jurisdictions in the field of contract, tort and property, the relevant issues related to international contracts, the impact that legal rules can produce in the market and their influence on the behavior of businesses and consumers.
    • Group assignments are purported to verify that students have achieved the necessary skills and abilities to use the terminology pertaining to private law both in the civil law and in the common law jurisdictions, to assess legal rules from a social and economic point of view, to drawi up a document dealing with legal issues and to present it orally.
    NOT ATTENDING STUDENTS
    • Non-attending students must take two partial exams: one is partial in the middle f the semester, the other end-of-semester. Each of them consists of 27 multiple choice questions and 2 open ended questions. For each multiple choice question, four possible answers are given, only one of them being the right one. Each right answer is awarded 1/30 point; no penalty for wrong or missing answers is given. Answers to open ended questions are evaluated up to 2/30 points each. The registered grade is the average between the grades of the two partial exams.
    • The program of the partial exam for non-attending students is the following: SIRENA, Introduction to Private Law, il Mulino, 2019, Chapters 1–8. The program of the end-of-semester partial exam is the following: P. Sirena, Introduction to Private Law, il Mulino, 2019, Chapters 9–11; G. IUDICA, P. ZATTI, Language and Rules of Italian Private Law. An introduction, Cedam, last ed., Chapters 5, 9–25.
    • Students failing to pass either of the two partial exams have to take a general exam, consisting of 27 multiple choice questions and 2 open ended questions. For each multiple choice question, four possible answers are given, only one of them being the right one. Each right answer is awarded 1/30 point; no penalty for wrong or missing answers is given. Answers to open ended questions are evaluated up to 2/30 points each.
    • The program of the general exam for non-attending students is indicated in the section on teaching materials for non-attending students (see below).
    • Exams are purpoted to verify that students have achieved the knowledge of the general principles and rules applicable to the most important branches of private law, the main differences between civil law and common law jurisdictions in the field of contract, tort and property, the relevant issues related to international contracts, the impact that legal rules can produce in the market and their influence on the behavior of businesses and consumers.

    Teaching materials
    ATTENDING STUDENTS

    Attending students are responsible for the teaching material discussed in class and available in the Bboard platform, as well as for the following parts of:

    • P. SIRENA, Introduction to Private Law, il Mulino, last ed.: Ch. 3, Ch. 4 (paras 1–3, 5 and 6), Ch. 5, Ch. 6, Ch. 7 (paras 1–2.2), Ch. 8 (paras 1, 3, 5–6.2).
    NOT ATTENDING STUDENTS

    Non-attending students are responsible for the textbook:

    • P. SIRENA Introduction to Private Law, il Mulino, last ed.
    • G. IUDICA, P. ZATTI, Language and Rules of Italian Private Law. An introduction, Cedam, last ed.: Chapters 5, 9–25.
    Last change 01/06/2019 08:28