This course aims at providing students with skills useful for a critical analysis of legal solutions adopted in different legal systems and in supranational uniform law instruments. This goal is pursued by introducing students to the use of comparative law and economic analysis of law, which are applied, in particular, to issues dealing with contract and business law.
The course is divided into two separate teaching units. Teaching Unit I (18 hours, 3 credits): Comparative Legal Systems and Methodology of Comparative Law. During the first Teaching Unit we will identify the object of comparative law and will focus on methodologies and goals of comparative law. Special attention will be paid to the law & economics approach to comparative law. Teaching Unit II (36 hours, 6 credits): Comparative Law of Obligations During the second Teaching Unit the analytical skills based on comparative law and economic analysis of law will be applied to review, from a comparative perspective, selected topics of the law of obligations, with emphasis on the law of international business transaction. The different solutions adopted in civil law and common law jurisdictions will be compared, among themselves and with those adopted in supranational uniform law instrument at international level. Please, note that classes for this course will be in English. However, students will be given the option to prepare the final exam on a textbook in Italian or one in English and to seat the final exam in Italian or in English. Materials for preparation to the exam in English: 1) With respect to Teaching Unit I: K. ZWEIGERT – H. KÖTZ, An Introduction to Comparative Law (translated by T. Weir), 3rd edition, Clarendon Press, Oxford Torino, 1998. 2) WIth respect to Teaching Unit II: F. FERRARI – M. TORSELLO, International Sales Law – CISG in a Nutshell, West Publishing, St Paul, 2nd edition, 2018.
|Aldo Frignani, Marco Torsello||Il contratto internazionale. Diritto comparato e prassi commerciale (Edizione 2)||Cedam, Padova||2010|
|Franco Ferrari, Marco Torsello||International Sales Law - CISG in a Nutshell (Edizione 2)||West Law Publishing, St. Paul||2018|
The final exam aims at verifying the level of understanding of the issues dealt with during the course. Accordingly, during each hour of class two relevant questions will be identified, which students are expected to be able to answer upon completion of the course.