COMPARATIVE PRIVATE LAW
Knowledge and understanding The graduate in Law acquires:
- the elements of deepening the legal culture of national, European, international and transnational basis, also with case-based techniques and methodologies, in relation to issues useful for the understanding and evaluation of positive law principles or institutes; - the elements of deepening of the Italian legal system in its main articulations and interrelations; - the in-depth study of historical knowledge that allows the evaluation of the institutes of positive law also in the perspective of their evolution;
- the in-depth knowledge of the legal culture and of the institutes of positive law in key
comparative and interdisciplinary, leveraging contributions from other disciplines such as economics, sociology, humanities and literary studies, computer science, life sciences and cognitive sciences.
Ability to apply knowledge and understanding.
The training objectives, such as the knowledge and implementation of all the tools necessary for the implementation of legal activity in its broadest sense will be achieved through the learning of the legal rudiments that will be pursued and assimilated with the assiduous attendance of courses degree and traineeships that the University makes available to its users. The learner can acquire further knowledge of a foreign language by attending study periods abroad thanks to the c.d. Erasmus convention and obtain scholarships for merits. At the end of the course of study will possess extensive knowledge and skills necessary for the conduct of the profession, declined in different meanings by the classics of municipal lawyer, notary, magistrate, legal consultant, diplomat, those of transnational lawyer and business lawyer. Autonomy of judgment: Through the study of different theoretical approaches and the critical evaluation of the different policy implications, the student will be able to improve his judgment and proposal skills in relation to the analysis of the functioning of the models.
of public intervention and specific measures for the rationalization of expenditure, for territorial decentralization and for the fight against corruption.
The student's communication skills are achieved through the didactic interaction with the teacher who, upon completion of the lesson cycle, will evaluate the candidate's preparation through an oral exam.
The law student must possess the technical and methodological tools that allow him to counter the obsolescence of the contents transmitted during the course of study and to keep constantly updated his / her own preparation in the sphere of the respective professional activity. It must also possess the knowledge, skills and independence of judgment necessary to gain access to the subsequent and higher levels of training, such as specialization schools and preparation for state exams and public competitions, II level masters and doctorates of research.
Preparatory to passing the exam of Institutions of Private Law.
The comparative method with the related problems arising from the fragmentary and incomplete studies the elements of the comparative method comparative information and systematic comparison. The phenomenon of deforming comparison. Tertium comparationis and quantity of the orders to buy. Synchronic and diachronic comparison. Units of the comparative method in legal science. The plan of institutional equivalences, functional equivalences and results. The phases of the methodological procedure: knowledge, comprehension and comparison. The function of comparison in the reception and interpretation of foreign law. Legal unification as a modern objective of legal comparison. For the deepening of the microcomparaone the area of responsibility has been selected, both contractual and non-contractual. In deepening the phenomenon of injustice of damage, the orientations of the modern doctrine of both common law and civil law are examined. Company law is examined in a comparative perspective. Particular attention is given to the law of corporations which constitutes an emblematic figure in the most significant Western jurisdictions, in particular in France in Germany in the United Kingdom and in the United States. The study is completed with an in-depth study of the changing dynamics of corporate structures, not neglecting the pathological phase of the bankruptcy procedures.
Institutional part (72 hours)
The problem of the comparability of legal systems. The phases of the methodological procedure. Knowledge, understanding and comparison. Comparison as a means of rapprochement between peoples. Practical goals. Theoretical purposes. (50 hours). The problem of the delimitation and the qualification in terms of typicality or atypicalness of the production case of civil liability in foreign legal experiences. The main symptomatic figures of unfair damage and protected interests. The necessity of overcoming the "bipolar" system through a critical-reconstructive reading of the general injustice damage clause (15 hours). Company law in the various legal systems. The changes to the corporate structure, the insolvency procedures. (7 hours)
Frontal lessons. Seminars on topics of major scientific interest with special attention to the leading case. Use of cinematography, which is followed by a study in classrooms and a debate with the students.Hospitality of Professors of the scientific-disciplinary sector coming from other Universities, also foreign, that make their specialist contribution.Thematic discussions dealt with by foreign scholars, in particular great attention is dedicated to Law in action, through the examination of important jurisprudential arrests.
L.J. COSTANTINESCO, Il metodo comparativo, ed. it. di A. Procida Mirabelli di Lauri, Giappichelli, Torino 2000 (pp. 4-43; 63-73; 110-129; 134-215; 225-248; 295-335).
S. ACETO DI CAPRIGLIA, Ingiustizia del danno e interessi protetti. Un confronto tra modelli. ESI, Napoli 2010. (da pag. 7 a pag. 196)
S. Aceto di Capriglia - F. De Luca, Percorsi evolutivi della responsabilità civile nel sistema ordinamentale italo-europeo, ESI Napoli 2021, pp. 1-15; 265-292)
(in alternativa: S. Aceto di Capriglia, Protezione del patrimonio genetico tra garantismo ed esigenze securitarie, Cacucci Bari, 2021)
D. CORAPI, Diritto privato comparato, Istituti e problemi, Ed. Laterza 2007 (Le società per azioni, da pag. 437 a pag. 485).
Oral examination. The interview aims to assess the adequate knowledge not only of legal institutions in the law of allogene, but the ability to analyze them in a problematic key. At the outcome of the interview an evaluation in thirtieths is expressed.
1) Timeline: according to the exam timetable.
2) Duration: about 30 minutes. Type: interview.
3) Final measurement of the exam: the student will achieve the minimum score if he can demonstrate the acquisition of basic knowledge related to the application of comparative methods to achieve, in compliance with the hierarchy of sources, the acquisition of the operational rule that can be postponed and transposition into our domestic law. The student will reach the maximum score when he / she demonstrates that he / she has fully achieved the expected results, according to the Dublin descriptors.
Thematic discussions dealt with by foreign scholars, in particular great attention is dedicated to Law in action, through the examination of important jurisprudential arrests.