EUROPEAN PRIVATE LAW - 2

The educational goal of the course is to provide students with a specific understanding of the most important areas of private law from a European perspective. In particular, the course will deal with contract law, tort law and property law, which will be analysed comparing the main European legal systems (the French, German, English and Italian one) and taking into account the EU regulation of the indicated subject matters. Specific attention will be given to the soft law instruments aimed at harmonising European private law.

Knowledge and understanding. Students will be able to:
1. understand what conflicts of interests occur in the realm of contract law, tort law and property law and how the main European legal systems deal with them;
2. trace the common lines of the main European legal systems in solving similar problems in the aforementioned fields;
3. identify the reasons justifying different national approaches, including their particular socio-economic background, their specific legal traditions and their current policy choices, and pinpoint principles and notions peculiar to each legal system.
Applied knowledge and understanding. Students will be able to:
4. analyse and critically evaluate solutions offered by the main European legal systems within the areas of contract law, tort law and property law;
5. use the legal terminology in discussing issues related to the subjects mentioned above;
6. solve complex cases within the framework of each legal system, also comparing their internal efficiency and justness.

Students are required to attend first module 1 of the course in European Private Law.

The course will deal with European contract, tort and property law from a comparative point of view, taking into consideration the main European legal systems and the EU regulation. In particular, these areas will be covered:
1. Contract law: definition of contract; freedom of contract and party autonomy; formation and pre-contractual duties; interpretation and gap filling; invalidity of contracts; mistake, fraud, threat and misrepresentation; breach of contract and remedies (damages, termination); unexpected circumstances and remedies (renegotiation, termination);
2. Consumer law: unfair contractual terms and unfair commercial practices; sale of consumer goods; product liability;
3. Tort law: fault liability; strict liability; remedies (damages and restitution in kind);
4. Property law: property rights; possession and detentorship; creation, transfer and termination of property rights.
Relevant cases will be discussed in class.

Attending students: slides of the classes; on contract and consumer law, J.M. Smits, Contract Law. A Comparative Introduction, 2nd edition, Elgar, 2017, 41-62; 91-176; 193-241 (only the parts that will be explained in class); on property and tort law, J. Hage and B. Akkermans (eds), Introduction to law, Springer, 2014, 71-120 (only the parts that will be explained in class). Slides of the classes and case law will be uploaded each week in advance. The materials will remain available on line during the entire duration of the course and the subsequent exam periods. Students who actively participate in the lessons will be awarded a maximum of two points.
Non attending students: on contract and consumer law, J.M. Smits, Contract Law. A Comparative Introduction, 2nd edition, Elgar, 2017, 3-62; 91-176; 193-241; on property and tort law, J. Hage and B. Akkermans (eds), Introduction to law, Springer, 2014, 71-120.
Students who would like to learn more about the subject can read the following books: on contract law, H. Kötz, European Contract Law, 2nd edition, OUP, 2017; R. Schulze and F. Zoll, European Contract Law, 2nd edition, Beck-Hart-Nomos, 2018; on consumer law, N. Reich, H.-W. Micklitz, P. Rott and K. Tonner, European Consumer Law, 2nd edition, Intersentia 2018; on tort law, C. van Dam, European Tort Law, 2nd edition, OUP, 2014; on property law, S. van Erp and B. Akkermans (eds), Cases, Materials and Text on Property Law, Bloomsbury, 2012.
The study of these texts is not compulsory.

Mock exams will be uploaded during the course, in order to allow students to assess their level of preparation.
The exam will be written and will include both multiple choice and open-ended questions. Extra points - up to three - will be awarded to attending students who will participate in the assignments indicated during the course.

The lectures will be taught in class. The students will be invited to discuss relevant cases.
Teaching language is English.

English

written

This subject deals with topics related to the macro-area "International cooperation" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development