Carla COSENTINO | COMPARATIVE PRIVATE LAW
Carla COSENTINO COMPARATIVE PRIVATE LAW
cod. SG60100079
COMPARATIVE PRIVATE LAW
| SG60100079 | |
| DEPARTMENT OF LAW | |
| EQF7 | |
| LAW | |
| 2025/2026 |
| YEAR OF DIDACTIC SYSTEM 2025 | |
| AUTUMN SEMESTER |
| SSD | CFU | HOURS | ACTIVITY | |
|---|---|---|---|---|
| IUS/02 | 6 | 54 | LESSONS |
| Objectives | |
|---|---|
| THE COURSE AIMS TO PROVIDE STUDENTS, THROUGH A GENERAL THEORY APPROACH, WITH THE CONCEPTUAL AND METHODOLOGICAL TOOLS NECESSARY FOR THE INTERPRETATION AND UNDERSTANDING OF THE FUNDAMENTAL INSTITUTIONS OF PRIVATE LAW IN THE VARIOUS LEGAL SYSTEMS, WITH PARTICULAR ATTENTION TO THE MAIN EUROPEAN AND NON-EUROPEAN TRADITIONS. THE STUDENT - WILL ACQUIRE THE NECESSARY KNOWLEDGE FOR UNDERSTANDING THE SOURCES, CATEGORIES AND INTERPRETATIVE TECHNIQUES OF THE INDIVIDUAL SYSTEMS; - WILL BE ABLE TO DEVELOP A GREATER AWARENESS OF CONVERGENCES AND DIVERGENCES BETWEEN CONTEMPORARY LEGAL AND JURISPRUDENTIAL MODELS. THE STUDY OF COMPARATIVE PRIVATE LAW AND THE ACQUISITION OF COMPARATIVE METHODOLOGY WILL ALLOW AN ANALYTICAL AND CRITICAL APPROACH TO THE LEGAL DATUM, WHICH IS INDISPENSABLE FOR DECODING THE DIFFERENT SOURCES OPERATING IN THE VARIOUS LEGAL SYSTEMS IN THE CURRENT HISTORICAL CONTEXT. THE STUDENT WILL ACQUIRE A SOLID MASTERY OF THE COMPARATIVE METHOD, SUCH THAT HE/SHE WILL BE ABLE TO ADDRESS THE MAIN ISSUES OF PRIVATE LAW INDEPENDENTLY AND CRITICALLY. THE STUDENT WILL BE ABLE TO COMMUNICATE IN A TECHNICALLY RIGOROUS BUT CLEAR AND COMPREHENSIBLE LANGUAGE, SUITABLE FOR PRESENTING IDEAS, PROBLEMS, ARGUMENTS AND LEGAL SOLUTIONS TO SPECIALIST AND NON-SPECIALIST INTERLOCUTORS. THE STUDENT WILL BE ABLE TO - USE TRADITIONAL BIBLIOGRAPHICAL TOOLS AND IT RESOURCES FOR ANALYSIS AND ARCHIVING; - CARRY OUT RESEARCH ACTIVITIES, UNDERSTAND AND INTERPRET SCIENTIFIC TEXTS, NORMATIVE SOURCES AND JURISPRUDENTIAL ORIENTATIONS. |
| Prerequisites | |
|---|---|
| IT IS MANDATORY TO HAVE OBTAINED THE CAREER CREDITS RELATING TO THE TEACHING OF PRIVATE LAW INSTITUTIONS (PROPAEDEUTIC) AS A PREREQUISITE, WRITTEN AND ORAL KNOWLEDGE OF AT LEAST ONE LANGUAGE OF THE EUROPEAN UNION IS RECOMMENDED, ALSO WITH REFERENCE TO DISCIPLINARY LEXICONS. |
| Contents | |
|---|---|
| PROVIDE THE STUDENT WITH AN ADEQUATE KNOWLEDGE OF THE FUNCTIONING OF THE INSTITUTIONS COVERED. THE TOPICS DEVELOPED WILL BE: 1) INTRODUCTION TO LEGAL COMPARISON (8 H); 2) CODIFIED LAW AND THE COMMON LAW MODEL (8 H); 3) THE CONTRACT (7 H); 4) THE CONTRACT IN COMMON LAW SYSTEMS (7 H); 5) E-COMMERCE AND ONLINE CONTRACT (4 H); 6) FAMILY RELATIONSHIPS (MARRIAGE 4 H; SEPARATION 4 H; DIVORCE 4 H; FAMILIES NOT BASED ON MARRIAGE 4 H); 7) PRIVACY (4 H); 8) CIVIL LIABILITY (4 H); 9) PROPERTY LAW (4 H). WITH REGARD TO THE PROGRAMMES FOR STUDENTS FROM THE PREVIOUS CURRICULA (2006 AND 2012), THE SUBJECT OF THE STUDY WILL BE ESTABLISHED IN AGREEMENT WITH THE HOLDER OF THE CHAIR. |
| Teaching Methods | |
|---|---|
| THE COURSE IS MAINLY CHARACTERISED BY A METHODOLOGICAL APPROACH AIMED AT STIMULATING STUDENTS' CRITICAL CAPABILITIES AND AUTONOMY OF JUDGEMENT. THE ADMINISTRATION OF THE GENERAL NOTIONS IS ACCOMPANIED BY THE CONTINUOUS INTERACTION OF THE TEACHER WITH THE STUDENTS IN ORDER TO MONITOR THE LEVEL OF LEARNING ACHIEVED AND, IF NECESSARY, TAKE THE NECESSARY CORRECTIVE MEASURES. IN ORDER TO ACHIEVE THESE OBJECTIVES, METHODOLOGICAL AND SYSTEMATIC CONTENT IS FAVOURED OVER THE QUANTITY OF NOTIONS. THE COURSE IS ALSO ASSOCIATED WITH THE ORGANISATION OF SEMINARS, WORKSHOPS AND PRACTICAL EXERCISES THAT ENABLE STUDENTS TO APPLY THE KNOWLEDGE THEY HAVE LEARNT AND TO TEST THEIR SKILLS. THE HOURS/CFU ARE DIVIDED BETWEEN LECTURES (62H) AND SEMINARS, WORKSHOPS AND PRACTICAL EXERCISES (10H). |
| Verification of learning | |
|---|---|
| THE ACHIEVEMENT OF THE TEACHING OBJECTIVES IS VERIFIED BY AN ASSESSMENT EXAM IN THIRTIETHS. THE ASSESSMENT AIMS TO ASCERTAIN THE LEVEL OF UNDERSTANDING AND KNOWLEDGE REACHED BY THE STUDENT ON THE CONTENTS INDICATED IN THE PROGRAMME, THE MASTERY OF METHODOLOGICAL TOOLS, AS WELL AS THE ABILITY TO APPLY THE KNOWLEDGE TO SOLVE THEORETICAL AND PRACTICAL PROBLEMS. THE EXAMINATION IS ORAL. A WRITTEN EXERCISE IS SCHEDULED DURING THE COURSE. THE ASSESSMENT CRITERIA ARE: 1) ABILITY TO EXPRESS ONESELF CLEARLY AND WITH AN ADEQUATE USE OF LEGAL TERMINOLOGY; 2) ABILITY TO SYSTEMATICALLY ARTICULATE LEGAL REASONING; 3) ABILITY TO SELECT DATA, MEMORISING THE MOST SIGNIFICANT OUTLINES; 4) ABILITY TO DEVELOP A LEGAL REASONING CAPABLE OF DRAWING DEDUCTIVE AND INDUCTIVE INFERENCES.THE MINIMUM MARK OF 18/30 IS AWARDED WHEN THE STUDENT DEMONSTRATES KNOWLEDGE OF THE FUNDAMENTAL THEMES OF LEGAL COMPARISON, IN PARTICULAR OF THE MAIN COMMON LAW AND CIVIL LAW SYSTEMS. THE MAXIMUM MARK OF 30/30 IS AWARDED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND THOROUGH KNOWLEDGE OF THE THEORETICAL CONTENTS, AS WELL AS AN EXCELLENT ABILITY TO LINK LEGISLATIVE REFERENCES TO THE CONTEXT OF STUDY. HONOURS IS AWARDED WHEN THE STUDENT DEMONSTRATES A SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIONAL CONTENTS, PRESENTING THE ARGUMENTS WITH REMARKABLE PROPERTIES OF LANGUAGE AND CAPACITY FOR AUTONOMOUS ELABORATION EVEN IN CONTEXTS OTHER THAN THOSE PROPOSED BY THE LECTURER. |
| Texts | |
|---|---|
| GENERAL PART: A.G. PARISI, MANUALE DI DIRITTO COMPARATO, CEDAM, 2022. IN ALTERNATIVE: G. AJANI, D. FRANCAVILLA, B. PASA, DIRITTO COMPARATO. I – QUESTIONI DI METODO, GIAPPICHELLI, 2023. SPECIAL PART: C. COSENTINO, PROFILI GIURIDICI DELLA SOSTENIBILITÀ. UN’INDAGINE COMPARATISTICA, GIAPPICHELLI, 2024, (CHAPTERS II AND III). |
| More Information | |
|---|---|
| A REDUCTION IN THE PROGRAMME IS ENVISAGED FOR STUDENTS. THE LANGUAGE OF TUITION IS ITALIAN. THE LECTURER IS ALWAYS AVAILABLE, DURING OFFICE HOURS, TO PROVIDE INFORMATION AND/OR RESOLVE ANY DOUBTS RELATING TO THE PROGRAMME, THE COURSE PROCEEDINGS AND THE EXAM SESSION. IT IS ADVISABLE TO MONITOR THE DEPARTMENT WEBSITE AND THE LECTURER'S PERSONAL PAGE, WHICH CAN BE ACCESSED FROM THE UNIVERSITY DIRECTORY. |
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