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Course 2016-2017 a.y.

30428 - INTRODUCTION TO THE LEGAL SYSTEM - MODULE 1


BIEF - BIEM
Department of Law

Course taught in English


Go to class group/s: 15 - 16 - 17 - 18 - 21 - 22

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

Classes: 21 (II sem.) - 22 (II sem.)
Instructors:
Class 21: FRANCESCO MEZZANOTTE, Class 22: PIETRO SIRENA


Course Objectives
The course aims at sketching the basic features of private law in the Western legal tradition, moving from its general concepts and, afterwards, mapping national legal orders and the perspective of their Europeanization. Historical backgrounds and economic implications of principles and rules of private law will be discussed as well.
In this framework, the Italian civil code will be taken into consideration as a compromise between the French and the German model and, therefore, as a possible paradigm for further developments of European private law.
The course will include an overall analysis of the essential branches of private law, thus designing the architecture and the table of contents of a possible European civil code.

Intended Learning Outcomes
Click here to see the ILOs of the course

Course Content Summary
General part:
  • The key-concept of the Western legal tradition. Law. Principles and rules. Legal order.
  • Civil law and common law. Legacy of Roman law. National laws and European law.
  • The divide between private and public law. The sources.
  • Hard law and soft law.
Special part:
  • Natural persons and legal entities.
  • Contracts.
  • Torts and unjustified enrichment.
  • Property.
  • Family.
  • Wills and inheritance.

Teaching methods
Click here to see the teaching methods

Assessment methods
Click here to see the assessment methods

Detailed Description of Assessment Methods
Attending and non-attending students shall take two partial exams (one mid-term, the other final), each of them consisting of 27 multiple choice questions and 2 open ended questions. The candidates will be requested to give the most appropriate answer, which corresponds to 1/30 for each multiple choice question and up to 2/30 for each open ended question. No penalty is foreseen for wrong or incomplete answers.
The registered grade will be the average between the marks of the two written tests. For attending students, who actively participate to a group assignment/study case, the average will be furthermore increased with a bonus of 1/30 up to 3/30.
Student failing to pass either of the two partial exams will have to take a general exam, consisting of 27 multiple choice questions and 2 open ended questions. The candidates will be requested to give the most appropriate answer, which corresponds to 1/30 for each multiple choice question and up to 2/30 for each open ended question. No penalty is foreseen for wrong or incomplete answers.
For attending students, multiple choice questions will cover the teaching material uploaded in the e-learning area and elucidated in class, open ended questions will cover cases discussed in class. For non-attending students, both multiple choice and open ended questions will cover the topics dealt with in the textbook.

Textbooks
Materials will be delivered during classes and made available through the Bocconi portal of e-learning. References of literature will be recommended for an in-depth knowledge of the discussed topics.
For non-attending students:
  • G. IUDICA, P. ZATTI (ed. by A. Scarso), Language and Rules of Italian private Law. An Introduction, Padua, latest edition.
Last change 23/12/2016 10:26

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

Classes: 15 (II sem.) - 16 (II sem.) - 17 (II sem.) - 18 (II sem.)


Course Objectives
The course aims at sketching the basic features of private law in the Western legal tradition, moving from its general concepts and, afterwards, mapping national legal orders and the perspective of their Europeanization. Historical backgrounds and economic implications of principles and rules of private law will be discussed as well.
In this framework, the Italian civil code will be taken into consideration as a compromise between the French and the German model and, therefore, as a possible paradigm for further developments of European private law.
The course will include an overall analysis of the essential branches of private law, thus designing the architecture and the table of contents of a possible European civil code.

Intended Learning Outcomes
Click here to see the ILOs of the course

Course Content Summary
General part:
  • The key-concept of the Western legal tradition. Law. Principles and rules. Legal order.
  • Civil law and common law. Legacy of Roman law. National laws and European law.
  • The divide between private and public law. The sources.
  • Hard law and soft law.
Special part:
  • Natural persons and legal entities.
  • Contracts.
  • Torts and unjustified enrichment.
  • Property.
  • Family.
  • Wills and inheritance.

Teaching methods
Click here to see the teaching methods

Assessment methods
Click here to see the assessment methods

Detailed Description of Assessment Methods
Attending and non-attending students shall take two partial exams (one mid-term, the other final), each of them consisting of 27 multiple choice questions and 2 open ended questions. The candidates will be requested to give the most appropriate answer, which corresponds to 1/30 for each multiple choice question and up to 2/30 for each open ended question. No penalty is foreseen for wrong or incomplete answers.
The registered grade will be the average between the marks of the two written tests. For attending students, who actively participate to a group assignment/study case, the average will be furthermore increased with a bonus of 1/30 up to 3/30.
Student failing to pass either of the two partial exams will have to take a general exam, consisting of 27 multiple choice questions and 2 open ended questions. The candidates will be requested to give the most appropriate answer, which corresponds to 1/30 for each multiple choice question and up to 2/30 for each open ended question. No penalty is foreseen for wrong or incomplete answers.
For attending students, multiple choice questions will cover the teaching material uploaded in the e-learning area and elucidated in class, open ended questions will cover cases discussed in class. For non-attending students, both multiple choice and open ended questions will cover the topics dealt with in the textbook.

Textbooks
Materials will be delivered during classes and made available through the Bocconi portal of e-learning. References of literature will be recommended for an in-depth knowledge of the discussed topics.
For non-attending students:
  • G. IUDICA, P. ZATTI (ed. by A. Scarso), Language and Rules of Italian private Law. An Introduction, Padua, latest edition.
Last change 23/12/2016 10:22