Ateneo - UPO

The course is divided into two parts. The first part, devoted to macro-comparative law, introduces the fundamental features of the main common law systems, with particular reference to the legal systems of England and the United States. It examines their historical development, the role of courts and judicial precedent, the relationship between case law and legislation, and the principal differences between common law and civil law traditions. From this perspective, the course also addresses gender-related issues, paying particular attention to the evolution of women’s access to the legal professions and to the barriers that have historically restricted, and may still affect, their full participation.

The second part, devoted to micro-comparative law, explores the law of contract in different legal systems. Particular attention is paid to English and United States contract law through a comparative analysis of the main rules governing the formation, validity, interpretation and performance of contracts, as well as the remedies available in the event of breach. The course also examines the potentially discriminatory effects of contracts, considering how private autonomy, contractual terms and power imbalances between the parties may create or reinforce gender inequalities. The comparative approach highlights similarities and differences among the legal systems considered and shows how different legal solutions may address comparable economic and social needs

Ajani, Pasa, Francavilla, Diritto comparato vol I - Questioni di metodo e vol II - Il confronto common law/civil law,
Giappichelli, Torino, 2023.
S. Ferreri, A. Piletta Massaro, Casi di Comparazione Giuridica, Torino, 2024.
Cerchia, Marchetti, l contract in Inghilterra. Lezioni e materiali, torino, 2012

The course aims to provide students with the knowledge and methodological tools of comparative law necessary to undertake the study and analysis of issues in both macro- and micro-comparative law.

Knowledge and understanding: the course aims to develop knowledge and understanding of the institutional features and functioning of the main legal systems belonging to the Western legal tradition, with particular attention to common law systems.

Applying knowledge and understanding: the course seeks to develop students’ ability to apply the knowledge acquired to the comparative analysis of legal institutions and issues, as well as to the reading and understanding of foreign legislation, case law and legal scholarship.

Making judgements: upon completion of the course, students will be able to use the comparative method to formulate independent assessments at both the conceptual and practical levels and to engage critically with approaches and solutions developed in other legal systems.

Communication skills: the course aims to promote the acquisition and appropriate use of technical legal terminology employed in an international context, while developing students’ ability to present and discuss legal issues from a comparative perspective.

Learning skills: students will learn to identify and use the main information and bibliographical sources relevant to comparative legal research and to understand the essential features of legal documents drafted in English.

No specific prior knowledge is required, other than a basic understanding of private law.

The course will be delivered through in-person lectures, together with the active participation of students in discussions on the topics covered. Legislation, judicial decisions and other legal materials, including materials in English, may be analysed during class in order to develop students’ ability to apply the comparative method. Students may also be required to prepare short reports or presentations, which will contribute to the final assessment. No online teaching activities are envisaged.

Students with disabilities, Specific Learning Disorders (SLDs) or Special Educational Needs (SEN) may request dedicated services, compensatory tools and appropriate accommodations by contacting the University’s Inclusion, Equal Opportunities and Gender Equality Office. Examination arrangements may be adapted in accordance with the applicable regulations and the guidance provided by the relevant University offices.

The final assessment consists of a written examination comprising three open-ended questions on the topics covered during the course. Grades are awarded on a scale of 30. A minimum grade of 18/30 is required to pass the examination answering all the three qustions. Honours may be awarded where the examination demonstrates particularly thorough knowledge and excellent analytical and argumentative skills.

The assessment will take into account:

knowledge and understanding of the course content and relevant legal sources;
the ability to apply the comparative method;
the correct and accurate use of legal terminology;
clarity of presentation and quality of reasoning;
the ability to establish connections between the different legal systems and institutions examined;
independent judgement and critical thinking.

Any short reports or presentations completed during the course may contribute to the final grade.

Detailed Course Programme

Part I – Macro-Comparative Law and Common Law Systems

The subject matter, functions and methods of comparative law.
Macro-comparative and micro-comparative approaches.
Classification of legal systems and the main Western legal traditions.
Fundamental characteristics of civil law and common law systems.
Origins and historical development of English common law.
The relationship between common law and equity.
The court system in England and Wales.
The role of judges and case law in common law systems.
The doctrine of judicial precedent and the principle of stare decisis.
Techniques for applying, interpreting and departing from precedent.
The relationship between case law and legislation.
The legal professions in England and Wales.
Origins and fundamental characteristics of the United States legal system.
Federalism and the allocation of powers between the federal government and the states.
The organisation and functions of federal and state courts.
The role of the Supreme Court of the United States.
Judicial precedent in the United States legal system.
The circulation and harmonisation of legal rules in the United States.
The role of the Restatements of the Law and the Uniform Commercial Code.
The development of the legal professions in the United Kingdom and the United States.
Women’s access to the legal professions from a historical and comparative perspective.
Formal and substantive barriers to women’s participation in the legal profession and the judiciary.
Continuing gender inequalities in legal careers and decision-making roles.

Part II – Micro-Comparative Law and Contract Law

Contract law as a subject of comparative legal analysis.
The concept and function of contract in civil law and common law systems.
Private autonomy and freedom of contract in different legal systems.
Sources of contract law in the English and United States legal systems.
Contract formation: offer and acceptance.
Intention to create legal relations.
Consideration and its function in contract law.
Differences between consideration and the civil law concept of causa.
Formal requirements and the legal relevance of the parties’ conduct.
Negotiations and pre-contractual liability from a comparative perspective.
Contract interpretation in different legal systems.
Classification and legal relevance of contractual terms.
Express and implied terms.
Good faith and fair dealing from a comparative perspective.
Contract validity and invalidity.
Defects of consent and protection of the contracting party.
Mistake, misrepresentation, duress and undue influence.
Judicial control of unfair terms and standard-form contracts.
Contractual performance and liability for breach of contract.
Exemption from liability and changes in circumstances.
Frustration, impossibility of performance and hardship.
Remedies for breach of contract under English and United States law.
Damages, termination and specific performance.
Protection of reliance and expectation interests.
Consumer contracts and the protection of weaker parties.
Inequality of bargaining power and limits on freedom of contract.
The potentially discriminatory effects of contracts.
The impact of apparently neutral contractual terms on gender inequalities.
Direct and indirect discrimination in contractual relationships.
Discriminatory access to goods, services, credit, insurance and housing.
Employment contracts, the distribution of care responsibilities and gender inequalities.
Legal instruments for preventing and addressing the discriminatory effects of contractual autonomy.
Comparative analysis of legislation, judicial decisions and contractual documents, including materials in English.

By the end of the course, students will be able to:

understand the fundamental characteristics of the English and United States common law systems and their main differences from civil law systems;

distinguish between and apply macro-comparative and micro-comparative approaches;

understand the role of courts, judicial precedent, legislation and the legal professions in the legal systems examined;

analyse the development of women’s access to the legal professions and identify the formal and substantive barriers that may produce gender inequalities;

understand and compare the main principles and institutions of contract law in English, United States and civil law systems;

identify similarities and differences in the formation, validity, interpretation, performance and breach of contracts;

understand and critically assess the potentially discriminatory effects of private autonomy and contractual terms;

identify the direct and indirect discriminatory effects of contracts, with particular attention to gender inequalities;

apply the comparative method to the analysis of specific legal issues;

read and understand legislation, judicial decisions, contractual documents and legal scholarship written in English;

use the technical legal terminology required in an international context accurately and appropriately;

formulate independent and well-reasoned assessments of the solutions adopted in different legal systems.