Spring Semester (March 1 - May 31, 2022)
Course
Private Comparative Law 2022
Prof. Noah Vardi
(Thursdays 4-6.45; Fridays, 4-6.45)
Second Floor, Law Building
Email: noah.vardi@uniroma3.it
Course description
The course aims at introducing students to comparative methodology and conducting a comparative analysis of some key institutions of private law (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:
- An introduction to comparative law, its methodology and functions; comparative law and European private law; the use of comparative law in a globalized and digital legal environment
- Comparative contract law; from the traditional theories of the civil and common law systems to the main challenges posed by crossborder transactions and new technologies; interdisciplinary approaches to contract
- Comparative tort law; the role and function of tort law in contemporary society; protected interests and challenges of tort law; tort law & technology
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
During the course the activities will be divided as follows:
- frontal lectures;
-presentations assigned to students that are meant to support the lectures and encourage interactive student participation;
- case simulations;
-Guest lectures on topics related to the course held by invited Professors
Assessment tools
Student evaluation will be based on class work (class participation, presentations given
during the semester) and on a final written exam.
Attendance policy
Class attendance is compulsory.
Course materials
A selection of readings (provided to registered students) will be used; students will also be provided with excerpts of relevant cases that will be discussed in class.
The final syllabus will indicate the full list of materials and assigned readings.
Draft Course Schedule
N.B. please note this is a draft schedule, subject to changes
| Date |
Topic |
| 1. Thurs. March 10th |
Introduction to the course |
| 2. Fri. March 11th |
Methods of comparative law;
functions, aims, trends |
| 3. Thurs. March 17th |
Contract law from a comparative perspective; interdisciplinary (and evolving) approaches to contract |
| 4. Fri. March 18th |
Foundations & requirements of contract in different legal systems: consent, cause, consideration, form
Class discussion & presentations |
| 5. Thurs. March 24th |
Formation of contracts & digitalization |
| 6. Fri. March 25th |
Requirements of contracts & interpretation;
Smart contracts
Class discussion & presentations |
| 7. Thurs. March 31st |
Pre-contractual liability: theories and developments in the civil law and common law legal traditions
Continued: theories of estoppel |
| 8. Fri. April 1st |
Non-performance of contract
Class discussion & presentations |
| 9. Thurs. April 7th |
Continued: remedies for breach of contract
Supervening events- frustration and impossibility |
| 10. Fri. April 8th |
Continued: hardship
The boundaries between contract & tort
Class discussion & presentations |
| 11. Thurs. April 14th |
Introduction to tort law |
| 12. Thurs. April 21st |
Models of tort law;
common law/civil law tradition |
| 13. Fri. April 22nd |
Torts and protected interests |
| 14. Thurs. April 28th |
Negligence and strict liability |
| 15. Fri. 29th |
Causation
Class discussion & presentations |
| 16. Thurs. May 5th |
Product liability |
| 17. Fri. May 6th |
Artificial Intelligence & Liability
Class discussion & presentations |
| 18. Thurs. May 12th |
Seminar tbc |
| 19. Fri. May 13th |
Overview and final revision for the exam |