COMPARATIVE PRIVATE LAW

Course objectives

The course aims at introducing students to the study of comparative law, paying particular attention to the methodological premises and the practical goals and, among the latter, to the pivotal role it plays with respect to the process of harmonization of private law at both European and global levels. Students will be introduced to the usefulness of legal comparison as a tool to understand the complexity of the contemporary legal landscape, characterized by the interaction between sources of law operating at different levels and by cross-fertilization among various legal traditions. The course also intends to stimulate a better and more critical understanding by students of their own legal system through the comparison with foreign experiences.

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ROBERTA PELEGGI Lecturers' profile

Program - Frequency - Exams

Course program
The course will be divided into two parts. The first part will provide a general introduction to the method and aims of comparative law, with particular regard to its contribution to the process of harmonization of law in the global context, to the current meaning of the attempt to classify legal systems into families or legal traditions, and the dynamics and drivers of legal change. The second part will address specific topics of private law from a comparative perspective, with particular attention to the uniform law of contracts.
Prerequisites
No prerequisites
Books
General Part: S. Ragone-G. Smorto, Comparative Law: A Very Short Introduction, OUP, 2023. Special Part. materials rendered available in pdf version on the Moodle platform during the course.
Frequency
The course will be held in presence and remotely every Monday and Tuesday from 12 to 2 p.m. in Classroom 5 starting the mid-February 2026. Attendance is not compulsory, yet strongly recommended.
Exam mode
The final exam will consist of an oral exam on the topics covered by the course. The final exam will be held at the end of the teaching period and then according to the calendar established by the Faculty. To pass the exam, the students must have scored an evaluation not inferior to 18/30.
Bibliography
Suggested Readings: - Mattei U., Three Patterns of Law: Taxonomy and Change in the World's Legal Systems, 45 AM. J. COMP. L. 5 (1997) - Ferrari F., Gap-Filling and Interpretation of the CISG: Overview of International Case Law, 2003 Int'l Bus. L.J. 221, 239 (2003) - Janseen N. - Ahuja N.G, Bridging the Gap: The CISG as a Successful Legal Hybrid between Common Law and Civil Law. - Han S., Principles of Asian Contract Law: An Endeavor of Regional Harmonization of Contract Law in East Asia, 58 VILL. L. REV. 589 (2013); - Lando O., Principles of European Contract Law: An Alternative to or a Precursor of European Legislation, 40 AM. J. COMP. L. 573 (1992). - Momberg R., THE PRINCIPLES OF LATIN AMERICAN CONTRACT LAW: NATURE, PURPOSES AND PROJECTIONS, Latin American Legal Studies, 2018. Other readings may be available on the Moodle platform during the course
Lesson mode
The course includes both frontal lectures by the teacher and individual presentations on specific issues by students. Final assessment will take into account the involvement and interest shown by students during the course
  • Lesson code1052129
  • Academic year2025/2026
  • CourseEuropean studies
  • CurriculumComparative and European Law (Percorso valido anche per coloro che partecipano al percorso internazionale di doppio titolo italo-albanese)
  • Year1st year
  • Semester2nd semester
  • SSDIUS/02
  • CFU6