Studying Law at Roma Tre

Academic Year 2021-2022

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Spring Semester (March 1 - May 31, 2022)


Private Comparative Law 2022

Prof. Noah Vardi

(Thursdays 4-6.45; Fridays, 4-6.45)
Second Floor, Law Building

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



Noah Vardi
 PCL 2022 flyer

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