20110194 - European Private Law(Global Legal Studies)

The course aims at providing an understanding of the process of Europeanization of private law. After a basic introduction on the institutional framework of EU law, necessary to understand its interplay with the purposes and methods of private law harmonization, the course focuses on EU Primary Sources (in particular, EU fundamental rights and freedoms, and their horizontal effects in private law matters) and EU Secondary Sources (with focus on legislative and judiciary techniques of unification and harmonization of the law). Attention is given also to the role of the European Court of Justice in the edification of EU private law and to the results of non-legislative projects of harmonization promoted at European level. The core areas of EU private law are then surveyed (contract law, with specific focus on consumer contracts; tort law, with specific focus on product liability regimes; basic issues of EU data protection law, and hints to European family and property law).
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Programme

The course, moving from the analysis of the European Private Law general framework, is structured into three Parts, each of which will be subject to in-depth study and discussion during lessons:

I) Principles of EU Private Law
II) EU Secondary Private Law
III) EU Comparative Private Law.

Core Documentation


First Pillar: Craig - de Bùrca, EU Law: Text, Cases, and Materials.

Second Pillar: material can be found on the Moodle platform.

Third Pillar: Zweigert - Kötz, An Introduction to Comparative Law.

Type of delivery of the course

The methods of the course are traditional, consisting in frontal lessons. In particular, the course will examine some of the main and most current issues of European private law, including through the active participation of students.

Type of evaluation

The exam is in written form and consists in 3 open questions that refer to the three Parts of the program. The time available is 60 minutes.