Valentina BARELA | ITALIAN AND COMPARATIVE FAMILY LAW

cod. 0160100376

ITALIAN AND COMPARATIVE FAMILY LAW

	0160100376
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2018/2019

PERCORSO COMUNE

	YEAR OF DIDACTIC SYSTEM 2012
	PRIMO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/02	8	72	LESSONS	SUPPLEMENTARY COMPULSORY SUBJECTS

PROFESSORS

	ELVIRA AUTORINO T Curriculum
	VALENTINA BARELA Curriculum

	Objectives
	THE TEACHING OF COMPARATIVE FAMILY LAW HAS A TWOFOLD FUNCTION. ON ONE HAND IT PROVIDES THE BASIS OF THE KNOWLEDGE OF ELEMENTS CHARACTERIZING SINGLE CODES GROUPED IN SYSTEMS OR JURIDICAL FAMILIES. ON THE OTHER ONES IT INDIVIDUALIZES THE BASIC GUIDELINES THROUGH WHICH IT IS POSSIBLE TO ESTABLISH THE HARMONIZATION OR THE CONTRAST AMONG DIFFERENT JURIDICAL CODES AND SYSTEMS. EXPECTED LEARNING OUTCOMES: KNOWLEDGE RELATING TO THE COMPARATISTIC METHOD AND TO ITS MOST IMPORTANT APPLICATIONS IN THE FIELD OF FAMILY LAW AND CRITICAL UNDERSTANDING OF THE CHARACTERISTICS AND THE SOLUTIONS IN ONE’S OWN LEGAL ORDER; IN TERMS OF ACQUIRED ABILITIES, THE ACHIEVEMENT OF A GREATER AWARENESS ABOUT THE NECESSITY OF THE COMPARATISTIC REFLECTION IN A REALITY MORE AND MORE COMPLEX ALSO FROM A JURIDICAL POINT OF VIEW.

THE TEACHING OF COMPARATIVE FAMILY LAW HAS A TWOFOLD FUNCTION. ON ONE HAND IT PROVIDES THE BASIS OF THE KNOWLEDGE OF ELEMENTS CHARACTERIZING SINGLE CODES GROUPED IN SYSTEMS OR JURIDICAL FAMILIES. ON THE OTHER ONES IT INDIVIDUALIZES THE BASIC GUIDELINES THROUGH WHICH IT IS POSSIBLE TO ESTABLISH THE HARMONIZATION OR THE CONTRAST AMONG DIFFERENT JURIDICAL CODES AND SYSTEMS.
EXPECTED LEARNING OUTCOMES:
KNOWLEDGE RELATING TO THE COMPARATISTIC METHOD AND TO ITS MOST IMPORTANT APPLICATIONS IN THE FIELD OF FAMILY LAW AND CRITICAL UNDERSTANDING OF THE CHARACTERISTICS AND THE SOLUTIONS IN ONE’S OWN LEGAL ORDER; IN TERMS OF ACQUIRED ABILITIES, THE ACHIEVEMENT OF A GREATER AWARENESS ABOUT THE NECESSITY OF THE COMPARATISTIC REFLECTION IN A REALITY MORE AND MORE COMPLEX ALSO FROM A JURIDICAL POINT OF VIEW.

	Prerequisites
	CONSOLIDATE KNOWLEDGE OF THE ITALIAN LANGUAGE (WRITTEN AND ORAL); ABILITY TO CONSULT MAIN LEGAL TEXTS.

	Contents
	THE COURSE AIMS AT PASSING ON A KNOWLEDGE RELATING TO THE COMPARATISTIC METHOD AND TO ITS MOST IMPORTANT APPLICATIONS IN THE FIELD OF FAMILY LAW, AS WELL AS TO THE FUNDAMENTAL FEATURES OF THE GREAT SYSTEMS IN WHICH DIFFERENT JURIDICAL CODES NOWADAYS IN FORCE IN THE WORLD, IN THEIR HISTORICAL EVOLUTION AND IN THEIR MODERN STRUCTURE, CONVERGE. THE ANALYSIS OF THE ONE’S OWN LEGAL SYSTEM FAMILY LAW BECOMES FUNDAMENTAL TO FIND ITS EVOLUTION AND INTERPRETATION THROUGH THE LEGAL COMPARISON.

Contents

THE COURSE AIMS AT PASSING ON A KNOWLEDGE RELATING TO THE COMPARATISTIC METHOD AND TO ITS MOST IMPORTANT APPLICATIONS IN THE FIELD OF FAMILY LAW, AS WELL AS TO THE FUNDAMENTAL FEATURES OF THE GREAT SYSTEMS IN WHICH DIFFERENT JURIDICAL CODES NOWADAYS IN FORCE IN THE WORLD, IN THEIR HISTORICAL EVOLUTION AND IN THEIR MODERN STRUCTURE, CONVERGE. THE ANALYSIS OF THE ONE’S OWN LEGAL SYSTEM FAMILY LAW BECOMES FUNDAMENTAL TO FIND ITS EVOLUTION AND INTERPRETATION THROUGH THE LEGAL COMPARISON.

	Teaching Methods
	THE COURSE CONSISTS OF TWO PARTS, THE FIRST ONE IS DEDICATED TO AN INTRODUCTION OF THE PROBLEM RELATING TO THE COMPARATISTIC METHOD AND TO ITS MOST IMPORTANT APPLICATIONS IN THE FIELD OF FAMILY LAW,THE SECOND PART IS DEDICATED TO THE THOROUGH ANALYSIS OF SOME SPECIFIC AS WELL AS TO THE FUNDAMENTAL FEATURES OF THE GREAT SYSTEMS IN WHICH DIFFERENT JURIDICAL CODES NOWADAYS IN FORCE IN THE WORLD, IN THEIR HISTORICAL EVOLUTION AND IN THEIR MODERN STRUCTURE, CONVERGE. THE ANALYSIS OF THE ONE’S OWN LEGAL SYSTEM FAMILY LAW BECOMES FUNDAMENTAL TO FIND ITS EVOLUTION AND INTERPRETATION THROUGH THE LEGAL COMPARISON.

Teaching Methods

THE COURSE CONSISTS OF TWO PARTS, THE FIRST ONE IS DEDICATED TO AN INTRODUCTION OF THE PROBLEM RELATING TO
THE COMPARATISTIC METHOD AND TO ITS MOST IMPORTANT APPLICATIONS IN THE FIELD OF FAMILY LAW,THE SECOND PART IS DEDICATED TO THE THOROUGH ANALYSIS OF SOME SPECIFIC
AS WELL AS TO THE FUNDAMENTAL FEATURES OF THE GREAT SYSTEMS IN WHICH DIFFERENT JURIDICAL CODES NOWADAYS IN FORCE IN THE WORLD, IN THEIR HISTORICAL EVOLUTION AND IN THEIR MODERN STRUCTURE, CONVERGE. THE ANALYSIS OF THE ONE’S OWN LEGAL SYSTEM FAMILY LAW BECOMES FUNDAMENTAL TO FIND ITS EVOLUTION AND INTERPRETATION THROUGH THE LEGAL COMPARISON.

	Verification of learning
	ORAL EXAM ON: KNOWLEDGE OF THE FUNDAMENTAL FEATURES OF FAMILY LAW, AS WELL AS ACQUIRING OF COGNITIVE TOOLS THAT ARE USEFUL, THROUGH THE COMPARATIVE METHOD AND THE ANALYSIS OF OTHER JURIDICAL EXPERIENCES; ACQUIRING OF COGNITIVE TOOLS THAT ARE USEFUL TO INTERACT WITH JURISTS FROM DIFFERENT TRADITIONS, AND ALSO TO OPERATE IN BOTH NATIONAL AND SUPRANATIONAL CONTEXTS; THE LEGAL COMPARATIVE METHOD ENCOURAGES THE ACQUIRING OF AN INTERDISCIPLINARY LEARNING METHOD, AND OF THE SKILL TO DEVELOP ONE’S OWN ABILITY TO UNDERSTAND AND SOLVE JURIDICAL PROBLEMS ALSO THROUGH THE COMPARISON WITH OTHER EXPERIENCES. THE MAXIMUM EVALUATION OF 30/30 IS AWARDED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND IN-DEPTH KNOWLEDGE OF THE THEORETICAL CONTENTS, AS WELL AS AN EXCELLENT ABILITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. PRAISE IS GIVEN WHEN THE STUDENT SHOWS A SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIONAL CONTENT, PRESENTING THE TOPICS WITH CONSIDERABLE OWNERSHIP OF LANGUAGE AND AUTONOMOUS PROCESSING SKILLS EVEN IN CONTEXTS DIFFERENT FROM THOSE PROPOSED BY THE PROFESSOR.

Verification of learning

ORAL EXAM ON: KNOWLEDGE OF THE FUNDAMENTAL FEATURES OF FAMILY LAW, AS WELL AS ACQUIRING OF COGNITIVE TOOLS THAT ARE USEFUL, THROUGH THE COMPARATIVE METHOD AND THE ANALYSIS OF OTHER JURIDICAL EXPERIENCES; ACQUIRING OF COGNITIVE TOOLS THAT ARE USEFUL TO INTERACT WITH JURISTS FROM DIFFERENT TRADITIONS, AND ALSO TO OPERATE IN BOTH NATIONAL AND SUPRANATIONAL CONTEXTS; THE LEGAL COMPARATIVE METHOD ENCOURAGES THE ACQUIRING OF AN INTERDISCIPLINARY LEARNING METHOD, AND OF THE SKILL TO DEVELOP ONE’S OWN ABILITY TO UNDERSTAND AND SOLVE JURIDICAL PROBLEMS ALSO THROUGH THE COMPARISON WITH OTHER EXPERIENCES.
THE MAXIMUM EVALUATION OF 30/30 IS AWARDED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND IN-DEPTH KNOWLEDGE OF THE THEORETICAL CONTENTS, AS WELL AS AN EXCELLENT ABILITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. PRAISE IS GIVEN WHEN THE STUDENT SHOWS A SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIONAL CONTENT, PRESENTING THE TOPICS WITH CONSIDERABLE OWNERSHIP OF LANGUAGE AND AUTONOMOUS PROCESSING SKILLS EVEN IN CONTEXTS DIFFERENT FROM THOSE PROPOSED BY THE PROFESSOR.

	Texts
	GENERAL PART: G. AUTORINO, FAMILY LAW, TORINO, GIAPPICHELLI, 2015 SPECIAL PART: MATERIALS AND DOCUMENTS WILL BEE PROVIDED DURING THE LESSONS.

	More Information
	THE COURSE PROVIDES FOR TRADITIONAL FRONTAL LESSONS, DISCUSSION ABOUT CASES, ORIENTATION TO THE ACCESS TO THE SOURCES OF FOREIGN LAW.

BETA VERSION Data source ESSE3 [Ultima Sincronizzazione: 2019-10-21]

Valentina BARELA | ITALIAN AND COMPARATIVE FAMILY LAW