Comparative contract law
- A.A. 2022/2023
- CFU 8, 8(m)
- Ore 40, 40(m)
- Classe di laurea LMG/01, L-14(m)
It is suggested to have previously attended and succeeded the unit on Private Law.
The unit will approach the study of contract law in a comparative perspective in order to become familiar with the main topics of contract law in the civil law and the common law legal traditions. The interest of this kind of knowledge is related to the trans-nationalisation of trade and legal practice, which involves acting in a context of legal diversity. To this respect it is essential for the formation of an international jurist profile, in particular in the area of international commercial contracts. The expected formative results are: understanding the differences between contract law regimes in the civil law and common law traditions; acquiring the fundamental notions and the methodological tools in order to become familiar with the core topics of contract law from a comparative perspective.
The course will cover the following topics:
1) Introduction
2) promise and contract (common law-civil law);
3) bases for enforcement ('cause' and consideration, with a specific focus on the topics of firm offers and of variation of contract)
4) the formation of contracts;
5) pre-contractual negotiations;
6) interpretation of contracts;
7) mistake;
8) breach of contract and remedies;
9) supervening events;
10) the international sale of goods (Vienna Convention).
- 1. (A) Ermanno Calzolaio Comparative Contract Law. An Introduction Routledge, London-New York, 2022
The students attending the lesson will be sent the complete syllabus, if not yet published in due time before the beginning of the course. The relevant materials and cases will be uploaded in the teacher's webpage.
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- lessons;
- study and discussions of cases
- The examination will be oral. Students will be asked to show their knowledge of the main contents of the topics covered during the unit. The exam will assess in particular four skills: knowledge of contents, critical approach, clarity, fluency in English,
It will focus on the main topics covered during the unit, in order to ascertain both comprehension and ability to present the relevant arguments.
English
English