Comparative private law - an outline

Timetable

15 lectures, 90 minutes each (I prefer Wednesday mornings) 

Module aim (aims)

To learn about and understand the legal traditions of the world and methodological approaches to legal comparative studies, their relationship with the diversity of legal traditions and the national identity of law, and to demonstrate the connections between the development of national law, supranational harmonisation of law, and the comparative law method. Learning about the main institutions of contract, torts, property and inheritance law from a comparative perspective in the civil law and common law traditions.

Pre-requisites in terms of knowledge, skills and social competences (where relevant)

Basic knowledge of the concept of law and its social functions. Curiosity about other jurisdictions and the nature of private law. 

Syllabus

1. Description of the course content

 1.1. Approaches to the nature and functions of the comparative method in law

1.2. Legal traditions of the world

1.3. The comparative method and the harmonisation of private law

1.4.  Case studies, contract law in France, Germany, Poland and common law from a comparative perspective

1.5. Case studies, tort law in France, Germany, Poland and common law from a comparative perspective

1.6. Case studies, property law in France, Germany, Poland and common law from a comparative perspective

1.7. Case studies, inheritance law in France, Germany and common law from a comparative perspective

2. Learning outcomes for the course

2.1. Students will gain a knowledge of how to find basic legal provisions applicable in Germany, France, Poland  and the UK. They will also gain a theoretical knowledge of the specific features of judicial interpretation of private law in Germany, France, Poland and English common law.

2.2. Students will gain knowledge of civil law institutions and principles discussed using a comparative method, learn English legal terminology and, depending on their interest, also German and French terminology related to the legal institutions and principles discussed during the course.

2.3.  The course will help students understand the impact of cultural and economic environments on the development of legal traditions and the resulting differences in the ‘styles’ of individual legal circles. 

Reading list

• 1/ Reimann, R. Zimmermann (ed.), The Oxford Handbook of Comparative Law, Oxford 2006; (the indicated fragments)
• 2/ K. Zweigert, H. Koetz, An Introduction to Comparative Law 1992  (the indicated fragments)
• 3/ H. P. Glenn, Legal Traditions of the World, Oxford 2014 (the indicated fragments)
• 4/ U. Kischel, Comparative Law, Oxford 2019 (the indicated fragments)