Spring Semester (March 1 - May 31, 2019)
Course
Private Comparative Law 2019
Prof. Noah Vardi
7 CFUs - ECTS
7 CFUs - ECTS (Wednesdays 8.30-10 am Room 5,
Thursdays 4-5.45 Room 5, Fridays, 4-5.45, Room 4)
Email: noah.vardi@uniroma3.it (see website for office hours)
Course description:
The course aims at introducing students to comparative methodology and conducting a comparative analysis of some key institutions of private law (property, contract and torts), with special focus on the common law/civil law convergence; on the process of Europeanisation of private law; and on some of the key challenges for private law posed by technological developments (
e.g. blockchain and smart contracts).
The following topics will be covered in the course:
Introduction to comparative law – Property law in a comparative perspective - Contract law in the civil law and common law traditions –Blockchain and smart contracts- Principles of tort law and relevant case law in some of the main traditions of civil law (France, Germany, and Italy) and common law (UK and USA).
The following Visiting Professors will be teaching modules within the course in Spring 2019:
-
Professor Lionel Smith, Sir William C. Macdonald Professor, McGill University, Faculty of Law will be teaching a module on Trusts in the common law and the civil law;
-
Dr. Emanuel G.D. Van Dongen- Utrecht University.
There will also be
Guest Lectures on specific topics as specified in the calendar below
Course Learning Objectives
- To introduce students to important aspects of foreign law;
- To introduce students to the comparative methodology in the study of law;
- To provide, through the study of foreign law, a better understanding of national law;
- To develop tools whereby students may identify relevant issues of comparative law and know-how to begin analysing and researching them, and may approach normative, jurisprudential and doctrinal sources of foreign law;
- To develop critical skills of analysis and interpretation in relation to comparative methodology and foreign law.
Course Learning Activities
The course consists of lectures on the main subjects of private comparative law followed by presentations and seminars that are meant to support the lectures and encourage interactive student participation.
Assessment tools
Student evaluation will be based on class work, class participation, presentations given
during the semester, and a final written exam.
Attendance policy
Class attendance is compulsory.
Course materials
A selection of readings from various sources will be used.
READING LIST:
Contracts:
- B. H. Bix, “Theories of contract law”, in Comparative Contract Law, edited by P.G. Monateri, Research Handbooks in Comparative Law, Elgar Publishing, 2017, pgs. 717
- R. Pound, “Promise or Bargain?”, in 33 Tulane Law Review 455, (19581959), pgs. 455472
- J.H.M. van Erp, “The PreContractual Stage”, in Towards a European Civil Code, 4th.ed., edited by A. Hartkamp, M. Hesselink, E. Hondius et al., Nijmegen, 2011, pgs. 493513
- O. Lando, “NonPerformance (Breach) of Contracts” in Towards a European Civil Code, 4th.ed., edited by A. Hartkamp, M. Hesselink, E. Hondius et al., Nijmegen, 2011, pgs. 681697
Torts:
- M. Bussani, A. J. Sebok,
Comparative Tort Law- Global Perspectives, Elgar Publishing
2015,
Chapters 2 and 9 (+10 and 13, not compulsory)
Draft Course Schedule
(please note this is a draft version: topics/activities may be subject to modifications)
| Date |
Topic |
Reading assignments |
1. Wed. March 6th
|
Introduction to the course-
Comparative law and its methodology |
|
| 2. Thurs. March 7th |
European private law |
|
| 3. Wed. March 13th |
Prof. Lionel Smith-
Trusts in common law and civil law |
|
| 4. Thurs. March 14th |
Prof. Lionel Smith-
Trusts in common law and civil law |
|
| 5. Fri. March 15th |
Prof. Lionel Smith-
Trusts in common law and civil law |
|
| 6. Wed. March 20th |
Prof. Lionel Smith-
Trusts in common law and civil law |
|
| 7. Thurs. March 21st |
Prof. Lionel Smith-
Trusts in common law and civil law |
|
| 8. Fri. March 22nd |
Prof. Lionel Smith-
Trusts in common law and civil law |
|
| 9. Wed. March 27th |
Prof. Lionel Smith- Trusts in common law and civil law |
|
| 10. Thurs. March 28th |
Prof. Lionel Smith - Trusts in common law and civil law |
|
| 11. Fri. March 29th |
Contract law- introduction
Theories and foundations in a comparative perspective |
Reading:
B. H. Bix, “Theories of contract law” pgs.7-17 |
| 12. Wed. April 3rd |
Foundations & requirements of contract- cause, consideration, validity, form |
Reading:
R. Pound, “Promise or bargain?” pgs. 455-472 |
| 13. Thurs. April 4th |
Guest lecture: (TBC) |
|
| 14. Fri. April 5th |
Issues of pre-contractual liability
+
Student presentation |
Reading:
J.H.M. Van Erp, “The Pre-Contractual Stage” pgs. 493-513
Cases:
1. House of Lords, Walford v. Miles 1992
2. Cour de Cassation, Comm. 26 November 2003
3. Cass. Comm. 20 March 1972
4.High Court of Australia Walton Stores (Interstate) Ltd v. Maher 1987
5.Supreme Court of Wisconsin, Hoffman v. Red Owl Stores Inc., 1965
6. Cass. It., 12 March 1993
7. Hoge Raad 18 June 1982
8. RG, 7 Dec. 1911 |
| 15. Wed. April 10th |
Formation and interpretation of contract
|
|
| 16. Thurs. April 11th |
Guest lecture: Dr. Capaccioli- Bitcoin & Blockchain |
|
| 17. Fri. April 12th |
Guest lecture: Dr. Mazzoli- Smart contracts |
|
| 18. Wed. April 17th |
Non-performance; remedies for breach of contract
|
Reading:
O. Lando “Non-Performance (Breach) of Contracts, pgs. 681-697 |
| 19. Thurs. April 18th |
Supervening events- impossibility and hardship
+
Student presentation |
Cases:
1.Cass. civ. 1re, 9 March 1994
2.OLG Düsseldorf, 30 December 1964
3.Queen’s Bench Taylor v. Caldwell 1863;
4. Court of Appeal, Krell v. Henry 1902;
5. Court of Appeal, Herne Bay Steam Boat Co. v. Hutton, 1903;
6. Court of Appeal, Ocean Tramp Tankers Corp v VO Sovracht, The Eugenia, 1964 |
| 20. Thurs. May 2nd |
Introduction to tort law |
Reading:
Bussani-Sebok, Chapter 2, Comparative Tort Law |
| 21. Fri. May 3rd |
Models of tort law: common law/civil law tradition |
Bussani-Sebok, Chapter 9, Comparative Tort Law |
| 22. Wed. May 8th |
Torts- negligence and strict liability |
|
| 23. Thurs. May 9th |
Torts- causation |
Cases:
1.Fairchild v. Glenhaven Funeral Services Ltd [2002] UKHL 22
2. Sindell v. Abbott Laboratories 163 CalRptr 123 (US) (supp.mat)
3. BGH, 2 July 1991
4. Privy Council, Overseas Tankship Ltd. v. Morts Dock & Engineering Co. Ltd., 1961
5. House of Lords, Hughes v. Lord Advocate, 1963 |
| 24. Fri. May 10th |
Dr. Van Dongen- Torts |
|
| 25.Wed. May 15th |
Dr. Van Dongen- Torts |
|
| 26. Thurs. May 16th |
Dr. Van Dongen- Torts |
|
| 27. Fri. May 17th |
Dr. Van Dongen- Torts |
|
| 28. Wed. May 22nd |
overview and final revision for the exam |
|