Comparative contract law
- A.A. 2024/2025
- CFU 8, 8(m)
- Ore 40, 40(m)
- Classe di laurea LMG/01, L-14(m)
Students are suggested to have passed Diritto Privato
Taking account the formative objectives of the LMG/01 course of study indicated in the SUA, 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).
(A) Ermanno Calzolaio, Comparative Contract Law. An Introduction, Routledge, London-New York, 2022 ISBN 9781032170534
Further information / additional materials
No further information
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The teaching methods consist of a theoretical framing of the topics, with the aid of ppt slides for the best fruition use of the lectures, accompanied then by the study of judgments, which will be examined and discussed with the students.
The examination will be oral, it will be in english and it will cover the topics that are the subject of the course. The assessment will be based on the following criteria:
1 - knowledge and ability to understand the topics (40% of the overall assessment);
2 - correctness of exposition and propriety in the use of juridical terminology (30% of the overall assessment);
3 - ability to make connections (20% of the overall assessment);
4 - autonomy of judgment and critical thinking (10% of the overall assessment).
In case of materials in other languages, they will be translated in english by the teacher
English