Università Roma Tre

JURIDICAL COMPARISON AND UNIFORMATION OF THE LAW

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. The course examines the development of models and techniques of the uniform law in the frame of the globalization phenomenon, focusing on the European contractual law, the circulation of the goods and the intellectual property rights.

Course materials

(i) MOCCIA L., Comparazione giuridica e diritto europeo, Giuffrè, Milan, 2005, part I, section I, sub-sections 1-5, pages 20-44; part II, section 4, sub-sections 1-14, pages 409-507; part III, section 1, sub-sections 1-3, pages 609-616.
(ii) MOCCIA L., Comparazione giuridica e prospettive di studio del diritto, Wolters Kluwer- Cedam, 2016, sections IV, V, VI e VII, pages 63-195;
(iii) BONELL M.J., Comparazione giuridica e unificazione del diritto, in Multiple Authors, Diritto privato comparato. Istituti e problemi, Laterza, Rome-Bari, 2008, pages 3-38.