Ateneo - UPO

The course is divided into two parts. The first part will be devoted to a comparative analysis of common law and civil law systems, focusing on their main distinguishing features, historical origins, sources of law, and the role of the judiciary. It will also examine, from a historical and comparative perspective, women’s access to the legal professions and the formal and substantive barriers that have affected, and in some respects continue to affect, their full participation. The aim is to provide students with the tools necessary to understand the differences and points of convergence between the two main Western legal traditions, including from a gender-equality perspective.

The second part will focus on the comparative study of contract law, with particular attention to the rules and principles developed in common law jurisdictions. It will examine key issues relating to contract formation, interpretation, and performance, as well as the consequences of breach of contract. Particular attention will also be paid to how apparently neutral rules of contract law may produce discriminatory or gender-differentiated effects. The analysis will be complemented by an examination of selected features of international contracting, with the aim of highlighting the principal issues that arise when a contractual relationship involves parties from different legal systems.

Ajani, Pasa, Francavilla, Diritto comparato. Vol. 2: Il confronto Common Law/Civil Law, Torino Giappichelli
R. Cerchia, Marchetti, Il contract in Inghilterra, Torino, Giappichelli, 2012.
A. Frignani, M. Torsello, Il contratto internazionale, Padova, Cedam, 2010 from pag. 1 to pag. 254 and from page 437 to page 503.
IMPORTANT: attending classes do not substitute the sudy of the textbooks

The course has, as goal, to introduce the students to comparative law, in order to understand how contract law has been formed in different legal systems and how now works in international settings.

No prerequisite is requested, but it is higly siggested to review the basics of contract law. Knowledge of elementary English may be helpful, but not necessary.

Frontal lectures in which the entire program will be covered. Frontal teaching is inclusive of
exercises and simulations that provide for the active participation of students in the
process of learning the subject, through the stimulation of the development of a critical and
autonomous spirit. Attendance is not mandatory, but it is strongly recommended from the
beginning of the course because it significantly facilitates learning the program.
Online teaching will not be used in this course. The course’s 6 ECTS credits are earned through independent study, which students may supplement by attending classes if they wish.

Students with physical disabilities, Learning Disabilities or Special Education Needs can
request specific services and tools via the Staff Sviluppo e Coordinamento Carriere e
Servizi alle Studentesse e agli Studenti, consulting the University webpage:
https://www.uniupo.it/en/services/services- students-physical-or-learning-disabilities.
Students with disabilities, learning disabilities or special education needs, once they
have contacted the University Staff, can refer to the tutor in charge of the course to
define the examination modalities, concerning academic aspects.

The examination will be held in written form and will cover the texts listed in the syllabus. It will consist of two open-ended questions, each relating to one of the two parts of the syllabus.

To obtain a passing grade, students must answer both questions, correctly framing the issues raised and explaining their main aspects. An excellent grade will require complete, in-depth, and coherently argued answers, expressed in appropriate language.

The origins of common law. The common law system in England and the United States. Civil law systems: French and German codification.

The characteristics of contracts in common law and civil law systems. The distinctive features of international contracts.

With regard to contracts under common law and international contracts, the following aspects will be examined: the sources of contract law; contract formation and interpretation; the performance of contractual obligations; remedies and damages for breach of contract.
The course syllabus nevertheless requires students to study all the assigned texts in their entirety.

1. Knowledge and ability to understand: teaching is aimed at enabling students to acquire an understanding of contracting in different legal systems. 2. Ability to apply knowledge and understanding: teaching is aimed at enabling students to acquire the ability to apply their acquired knowledge to succeed in international contracting. 3. Autonomy of judgment: students will be able to apply the acquired knowledge, both conceptually and operationally, in order to understand the main features of the international contract they wish to negotiate. 4. Communication skills: teaching is also aimed at the acquisition of the technical language used in an international legal environment. 5. Learning skills:Students will learn about the main information and bibliographic sources and understand some features of legal documents drafted in English.The lecturer expects that, with reasonable study, student-students will attain sufficient knowledge to be able to understand the main issues related to the regulation of the digital space. For many it will be possible to achieve more satisfactory results, with which they will be able to be active in the implentation of regulations within the work realities in which they will operate. For some it will be possible to achieve excellent levels of knowledge, which will enable them to become expert jurists in comparative subjects.The lecturer expects that, with reasonable study, learners will attain sufficient knowledge to be able to understand the main issues related to the regulation of the digital space. For many it will be possible to achieve more satisfactory results, with which they will be able to be active in the implentation of regulations within the work realities in which they will operate. For some it will be possible to achieve excellent levels of knowledge, which will enable them to become expert jurists in comparative subjects.