Student guide Facoltà di Giurisprudenza A.A. 2009/10

Part I: Common and Constitutional Law.

After an introduction to the historical development, and a comparative analysis of the two principal legal systems in the world, common law and civil law, the course will deal with the legal system of contemporary Italy and with the contents of the Italian Constitution. Students will be offered the chance to become accustomed with the fundamental principles of the Constitution, regarding both the rights and duties of the citizens, and the organization of the State. Major emphasis will be placed on the governmental structure  of the State, the main functions of the Italian Institutions and the administration of justice.

Students are expected to participate actively in the critical discussion of the above mentioned topics of discussion.

 

Part II: Tort Law.

The seminar will offer an analysis of the Italian Law of Torts (extracontratual liability, including interactions with contractual liability) with special reference to the problem of compensation for personal injuries and death and to the interplay between tort law and social security system. After a detailed presentation of the legislative rules governing civil liability in Italy, as well as of the various types of damages awarded by Italian courts, the students will be exposed to a comparative overview of the various solutions adopted in other European legal systems, including Germany, France and England. Students will also be introduced to the tort law system under the European Convention on Human Rights and Strasbourg Court. Students will then be assigned (either independently, or in small groups) a comparative research project in a specific area of Tort Law and they will be requested to draft a major paper on the selected topic. Finally, the results of the research projects will be presented and discussed in class during the last session of the seminar.

Part I: Common and Constitutional law.

 

1.   Introductory part of the course.

1.1  The term common law and its different meanings.

1.2  The term civil law and its roots.

1.3  Historical evolution of common law and civil law.

1.4  Differences and similarities between the two systems.

 

2.   Constitutional law.

2.1 Special stress will be placed on the Constitution’s role of setting out the relationship between the law-makers (The Parliament), the Executive (the Government) and the Judiciary (Judges and Courts of law).

2.2 Written and unwritten Constitutions.

 

3.   The Italian Constitution.

3.1  Introduction.

3.1.1 The formation of the Italian Institutions and the birth of the Constitution.

3.1.2 The fundamental principles.

3.2  Part one: rights and duties of the citizens.

3.2.1 A complete analysis of the constitutional liberties and individual rights in the civic, political, economic and social field, as well as a study of public duties of the citizens.

3.3  Part two: organization of the Republic.

3.3.1 The governmental structure of the State and the main functions of the Italian Institutions (legislative function, political control, executive function, representation of the Nation’s political unity).

3.3.2 The Public Administration.

3.3.3 The Administration of Justice.

3.3.4 The Constitutional Justice.

 

 

Part II: Tort Law.

1.   Introduction to the Civil Law legal tradition.

2.   Tort Law in the Italian civil code.

3.   Court cases on personal injury compensation.

4.   Compensation and Italian social security systems.

5.   Tort law in comparative perspective.

6.   European Convention on Human Rights & the principle of “just satisfaction”.

7.   Harmonisation issues.

Part I: Common and Constitutional law.

The lecturer will assign a project to be carried out and presented to the group. The final mark will take into account both the written and oral presentation of the project work.

 

Part II: Tort Law.

The students will be assigned a project work in a specific area of Tort law and they will be requested to draft a major paper on the selected topic. The results of the research projects will be presented and discussed during the last session of seminar.

Part I: Common and Constitutional law.

A reading list will be indicated during the course. Some teaching materials will be provided by the lecturer.

 

Part II: Tort Law.

Watkin, T. G., The Italian legal tradition, Ashgate, Aldershot, 1997.

Van Gerven, W., Lever, J., Larouche, P., Cases, materials and text on national, supranational and international tort law, Hart Publishing, Oxford, 2000.

Lena, J. S., Mattei, U., (ed.), An introduction to Italian Law, Kluwer Law International, London, 2002.

Zweigert, K., Kötz, H., Introduction to comparative law, Clarendon Press, Oxford, 1998.

Von Bar, C., The common European law of torts, Clarendon Press, Oxford, 2001.

Koziol, H., Unification of tort law: wrongfulness, Kluwer Law International, Boston, 1998.

Spier, J., The limits of expanding liability, Kluwer Law International, Boston, 1998.

Markesinis, B. S., Deakin, S. F., Tort law, Clarendon Press, Oxford, 1999.

Markesinis, B. S., The German law of torts: a comparative treaties, Hart Publishing, Oxford, 2002.

Bona, M., Mead, P., Personal Injury Compensation in Europe, Kluwer, 2003.