COMPARATIVE PRIVATE LAW

Single discipline educational activity

Course Sheet

Course code:

00026L

Academic Year of enrolment:

2018

Year of supply:

2019/2020

Type of Course:

Characterising

Degree:

Course of 1st Cycle Degree in BUSINESS LAW

Disciplinary Sector:

Comparative Private Law

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

SCARCHILLO Gianluca

Cycle:

Second semester

Hours of classroom activity:

Individual study hours:

102

Prerequisites:

For a better learning and a better understanding of the subject it is necessary, both for the first part and for the second part, that the student has a knowledge of private and public law institutions at the beginning of the teaching activities in order to have the introductory and basic notions for the analysis of the various legal systems and institutions treated during the course.
For the special part, in addition to the knowledge of private law institutions, the basic knowledge of the joint-stock company is useful, a typical instrument of commercial and corporate law.

Objectives

The course aims:
a) to introduce the study of comparative law through knowledge of the history and objectives of the comparison, as well as the methods and classifications generally used by the same;
b) to identify the aspects that characterize the main western legal systems of civil law and common law by examining the historical evolution and the current configuration of the sources of law, the training of the lawyer, the legal professions and some institutions characteristic;
c) to investigate the evolution of the public limited company model in European company law.

Contents

The module will concern the study of the EC Regulation in the Statute of a European joint-stock company (SE - Societas Europea) in the context of the evolution of the model of a company limited by shares in contemporary European systems.

Extended Syllabus

COMPARATIVE PRIVATE LAW
Teacher: Prof. Scarchillo Gianluca
Degree course: SEGI (6 CFU)
Department of afference: Legal Sciences
SSD: IUS / 02

Telephone number: 085.4537611 - 347.4486052
E-mail: gianluca.scarchillo@virgilio.it
Student reception days and times: before and after the lesson
Semester: II
Targets:
The course aims:
a) to introduce the study of comparative law through knowledge of the history and objectives of the comparison, as well as the methods and classifications generally used by the same;
b) to identify the aspects that characterize the main western legal systems of civil law and common law by examining the historical evolution and the current configuration of the sources of law, the training of the lawyer, the legal professions and some institutions characteristic;
c) to investigate the evolution of the public limited company model in European company law.
Course program (divided into modules):
1st module (1CFU):
Legal comparison: evolution, object, purpose, classification of legal systems.
II module (3 CFU):
The western juridical tradition in the main civil and common law systems: the historical evolution, the sources of the law, the training of the jurist, the legal professions, hints to some characteristic institutions.
III module (2 CFU):
The module will concern the study of the EC Regulation in the Statute of a European joint-stock company (SE - Societas Europea) in the context of the evolution of the model of a joint-stock company in contemporary European systems.
Recommended textbooks:
V. VARANO - V. BARSOTTI, The Western legal tradition, Volume I. Text and materials for a comparison of civil law common law, Giappichelli, Turin, latest edition, chapters I, II, III.
AA.VV., The European Society, Community sources and national models, edited by D. Corapi and F. Pernazza, Giappichelli, Turin, 2011, Title I and II.
Verification of learning: Oral

Recommended Bibliography

V. VARANO - V. BARSOTTI, The Western legal tradition, Volume I. Text and materials for a comparison of civil law common law, Giappichelli, Turin, latest edition, chapters I, II, III.
AA.VV., The European Society, Community sources and national models, edited by D. Corapi and F. Pernazza, Giappichelli, Turin, 2011, Title I and II.

Methods of Provision

Conventional

Teaching Methods

The course is divided into lectures, with slides and video projections, with the formulation of questions and the dialogical use of the arguments, according to didactic methods that foresee the continuous participation of the students, by stimulating analysis and debate on topics covered. Foreign materials will be provided in the original language (such as judgments, legislative texts, etc.), on which written exercises will take place at the end of each module and oral exercises will be presented as a case of the most recent jurisprudence and foreign doctrine. In-depth seminars are also planned with foreign professors on current topics of particular interest in order to better understand the most important foreign legal experiences.

Evaluation methods

Verification of learning:

During the course three multiple-choice aptitude tests will be carried out at the end of each module to assess students' ongoing understanding. Attending students who have taken all three aptitude tests without any errors will receive a bonus of three points in the final evaluation.
Oral exam. This assessment method allows the assessment of the analytical and critical skills required of the student to be assessed in the most complete manner, in addition to the student's communication skills, in consideration of the complexity of the topics and the arguments object of the course which he must demonstrate knowledge of. the comprehension.
Expected learning outcomes will be evaluated by formulating three or more questions. The evaluation criteria and scores are determined according to the following scale:
• less than 18/30 - insufficient level: the candidate does not reach any of the learning outcomes foreseen in the point "knowledge and understanding";
• 18-20 / 30 - sufficient level: the candidate achieves, in particular, the learning outcomes foreseen in the point "knowledge and understanding";
• 21-23 / 30 - fully sufficient level: the candidate achieves, in particular, the learning outcomes envisaged under the points "knowledge and understanding" and "applied understanding and understanding";
• 24-26 / 30 - good level: the candidate achieves, in particular, the learning outcomes foreseen in the points "knowledge and understanding"; "Applied understanding and understanding" and "independent judgment";
• 27-29 / 30 - very good level: the candidate achieves, in particular, the learning outcomes foreseen in the points "knowledge and understanding"; "Applied understanding and understanding"; "Autonomy of judgment" and "communication skills";
• 30-30 cum laude - excellent level: the candidate fully achieves the learning outcomes foreseen in the points "knowledge and understanding"; "Applied understanding and understanding"; "Autonomy of judgment"; "Communication skills" and "ability to learn".

Contacts/More Information

E-mail: gianluca.scarchillo@virgilio.it
Student reception days and times: before and after the lesson

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

Aree