European studies

The course will be divided into two parts. In the first part, object, functions and methods of Comparative law will be discussed, critically debating both traditional and more recent approaches to the subject, with special attention to socio-legal comparative law, postmodern comparative law, civil law and common law tradition, and circulation of models (3 CFU). The second part will focus on Sustainable contract law. Sustainability is a broad concept which has been easily abused. The course examines various perspectives, environmental, social, and economic, attempting to restore meaning to sustainability, and analyses the relationship between this concept and the law of contract, starting from the individualism of legal modernity, and passing through the fair contracts (3 CFU).

There is no prerequisite for taking the final exam.

For attending students didactic materials will be distributed during the course, and made available on the e-learning platform. The text suggested to not attending students is Jan M. Smits, Contract Law: A Comparative Introduction, Elgar, 2021: Part 1 (Contracts) p. 3-40, Part 3 (The Contents of the Contract) p. 121-158, and Part 5 (Contractual Remedies) p. 193-244; in addition, one of these parts chosen by the student: Part 2 (Formation of a contract) p. 41-120, Part 4 (Vitiating Factors) p. 159-192, or Part 6 (Contracts and Third Parties) p. 245-260.

Attendance to the course is optional.

The final exam will consist of an oral exam on the topics covered by the course. Students who have attended lessons regularly will be allowed to submit only a dissertation on a topic at their choice.

Suggested readings: M. Siems, Comparative law in the 22nd century, 23(2) Maastricht J. Eur. & Comp. L. 359 (2016); M. Siems, The power of comparative law: What types of units can comparative law compare, 67(4) Am. J. Comp. L. 861 (2019); G. Samuel, Taking methods seriously (Part one and Part two), 2 J. Comp. L. 94, 210 (2007); R. Sacco, Mute Law, 43(3) Am. J. Comp. L. 455 (1995); F. Capra and U. Mattei, The Ecology of Law, Berrett-Koehler, 2015; R. Brownsword, G. Howells, T. Wilhelmsson, Welfarism in Contract Law, Dartmouth, 1994; J. L. Caradona, The Historiography of Sustainability, Economic and Ecohistory, VolXI, N11, 7; U. Mattei and F. Nicola, A Social Dimension in European Private Law?: The Call for Setting a Progressive Agenda, 41 New Eng. L. Rev. 1 (2006); A. Somma, Private law as biopolitics: Ordoliberalism, social market economy, and the public dimension of contract, 76(2) Law & Contemp. Probs. 105 (2013); I. R. MacNeil, Relational Contract Theory: Challenges and Queries, 94 Nw. U. L. Rev. 877 (2000); K. P. Mitkidis, Sustainability Clauses in International Supply Chain Contracts: Regulation, Enforceability and Effects of Ethical Requirements, 2014 NJCL, 1.

The course increases the knowledge of functions and methods of Comparative law through the analysis of Sustainable contract law, and takes place through frontal lessons, and discussion of relevant case-law.