JURIDICAL COMPARISON AND STANDARDISATION OF LAW
(objectives)
The course aims to provide students with basic knowledge on juridical comparation in the frame of the integration process of the European Union and in the international legal context. The course examines the legal comparison primarily intended as a way of studying and understanding the law, but also as a socio-cultural and technical-professional phenomenon, linked not only to a specific territoritorial connection, but also to a global dimension of space between different and interdependent worlds and cultures. In particular, during the course, some relevant methodological and substantial issues on the comparative study of law are examined, focusing on specific issues such as: the modern origins of comparative law and the notion of open legal system, the concept of law and the various “types” of law, the legal interpretation, the historical forms of property in the European juridical culture, as well as the legal experience of the traditional Chinese world. In this frame, the course intends to deepen the methodological and theoretical issues of the uniformation of the law, with specific reference to the formation of European Union law, the European citizenship as its base of legitimacy and the fundamental rights as elements of integration of the European identity.
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Code
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21801875 |
Language
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ITA |
Type of certificate
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Profit certificate
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Credits
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8
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Scientific Disciplinary Sector Code
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IUS/02
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Contact Hours
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64
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Type of Activity
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Related or supplementary learning activities
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Teacher
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RICCI ILARIA
(syllabus)
The course aims to provide students with basic knowledge on juridical comparation in the frame of the integration process of the European Union and in the international legal context.
The course is structured in two teaching parts. The first part is focused on methodological and substantial issues on the comparative study of the law and the uniformation of the law; the second part deals with specific areas covered by the comparative study of the law and the juridical unification technique.
First part: The legal comparison as way of studying and understanding the law. The legal comparison as socio-cultural and technical-professional phenomenon. The modern origins of comparative law and the notion of open legal system. The legal interpretation: the role of the case law and the doctrine. The uniformation of the law: methodological and theoretical issues. Uniformation of the law and formation of European Union law. Uniformation of the law, European citizenship and fundamental rights. Techniques and models of the uniform law.
Second part: The concept of law and the various “types” of law. The historical forms of property in the European juridical culture. The intellectual property rights. The European contractual law. The circulation of the goods. The legal experience of the traditional Chinese world.
(reference books)
Materiali del corso:
(i) MOCCIA L., Comparazione giuridica e prospettive di studio del diritto, Wolters Kluwer- Cedam, 2016; (ii) BONELL M.J., Comparazione giuridica e unificazione del diritto, in Aa. Vv., Diritto privato comparato. Istituti e problemi, Laterza, Roma-Bari, 2008, pagg.3–30.
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Dates of beginning and end of teaching activities
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From to |
Delivery mode
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Traditional
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Attendance
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not mandatory
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Evaluation methods
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Oral exam
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