Law and Economics of Real Estate

The course is divided into two parts. The first part examines the developments in the history of global law with particular attention to the development of real estate property, starting from colonial law up to the phenomenon of codification in Haiti, one of the first examples of codification in the American continent. The second part will instead examine copyright law in its fundamental historical developments and in its two evolutions of the French droit d’auteur and the Anglo-American copyright. The first module (first six weeks) aims to provide a clear picture of the period relating to the legal history of the modern age up to the specific phenomenon of codification in Haiti, and the singular discipline of real estate and real rights. The following topics will be addressed: 1. Tools for historical reading of the modern age; 2. Tools for legal reading; 3. Colonial law and the circulation of law in the American continent; 4. The Code noir and the droit de l’esclavage; 5. The phenomenon of codification: the Code Henry of 1812; 6. Land ownership, emphyteusis and the Civil Code of 1825. The second module (weeks 7-12) is specifically dedicated to intellectual property, with particular attention to its origins and its prospects in legal evolution, such as: 1.The roots of copyright; 2. The roots of droit d’auteur; 3. Definition and circulation of the French model; 4. Between copyright and droit d’auteur: the italian situation; 5. Creativity and protection of moral rights; 6. International protection of copyright; 7. Current problems and prospects of copyright in contemporary times.

The following texts are recommended for exam preparation: 1) L. MOSCATI, Diritti d’autore. Storia e comparazione nei sistemi di civil law e di common law, Milano, Giuffrè, 2020. 2) I. DI CAMILLO, La codificazione di Haiti. Dal Code Henry al Codice civile del 1825, disponibile in modalità open access al seguente link: https://editricesapienza.it/book/10481