EUROPEAN PRIVATE LAW
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- GIOVANNI DE CRISTOFARO
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/01
Training objectives
- The course aims at introducing students in the harmonisation process of private law in Europe, both with reference to the EU legislation and case law, and to different legal norms introduced in the national systems in consequence of the implementation of the former. Particular focus will be placed on consumer and antidiscrimination law. The critical assessment of these topics aims at giving students the necessary instruments to analyse the existing harmonized private law and its influence on the national systems.
Principal acquired knowledge: Students will be introduced to the various aspects regarding the harmonisation of European private law and will thus gain a knowledge and understanding of the single steps which till today have led to the construction of a “common law” within the different EU-Member States.
Principal abilities: At the end of the course students should not only be able to critically analyse the development of the legislation, jurisprudence and the various doctrines concerning the harmonisation process of European Private Law, but should also have deepened their understanding of the political questions influencing this process. Prerequisites
- In order to be admitted to examination, students must have passed the following exams: Constitutional Law, Institutions of Private Law, Comparative Legal Systems and European Union Law. Besides having a good knowledge of the Italian language and its grammar, students are thus required to have a good knowledge of the general principles and fundamental institutions of Private Law, constitutional Law, comparative Law and European Union Law as well as the ability of logical and legal reasoning and interpretation of legal materials.
Course programme
- The course is composed of two parts, the first of which covers eighteen, the second twenty-two hours.
It is introduced by an outline of the most important aspects concerning the unification of European private law, with particular attention to the different methods and initiatives regarding this process. Besides that, particular attention will be drawn to the questions regarding the reasons which have led (and still lead) to an always more harmonized European Private Law, as well as to the various doctrinal initiatives realized in order to construct an harmonization process “from the bottom up”. Four hours will also be devoted to legal research expertise in order to develop an awareness of the types of materials that constitute European Private Law.
The second part of the course illustrates and analyses some of the areas affected by the unification process, such as contract law and tort law. In this context, particular focus will be placed on the recent case law in these areas, both with reference to EU-law and to some national law experiences. Didactic methods
- Traditional lectures for a total of fourty hours. During the second part of the course (regarding some particular areas of law interested by harmonisation measures as described above), students are required to participate actively in the presentation and reading of case law of the European Court of Justice, in order to improve their analytical and oral skills.
Learning assessment procedures
- Oral examination during which students who regularly attend classes are required to discuss the questions and issues treated during the classes in order to verify in-depth understanding and criticism of the institutions studied during the course. Students who do not regularly attend classes are required to discuss questions and issues treated in the text books referred to below. The course does not provide any intermediate examination.
Reference texts
- Students who regularly attend classes may prepare for the exam studying the materials delivered during the course (see http://docente.unife.it/claudia.amodio).
Students who do not regularly attend classes use the following textbooks:
G. Benacchio, Diritto privato dell’Unione Europea, 7th ed., Cedam, 2016, cap. 1,5,6,9.
S. Mazzamuto, Il contratto di diritto europeo, 4th ed., Giappichelli, 2020, cap. 5.
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