1. Basic features of the course

This course will be held in English,  but it will deal with various different legal experiences, not only with those belonging to the common law tradition. It will explore some core fields of the law of contracts and of tortious liability by adopting a comparative perspective.   Its common thread is represented by the need of rethinking about the role played by private law today in the so-called “technological era” and in detecting the effectiveness and fairness of civil remedies, especially in cases of power imbalances in contractual relations and of civil wrongs implying the violation of fundamental rights.

2) Purposes persevered

Its main aim consists in trying to develop a wide vision of legal topics, while dealing with various different national jurisdictions by adopting a comparative standpoint. It is aimed equally at Italian students and at students from any jurisdiction and background. More precisely, the course is focussed on a series of issues, which are analysed by taking into consideration the domestic, European, international and transnational dimension, while paying attention to renewed legal challenges to be coped with in contemporary society, thanks to legal comparison. For this purpose, some core aspects of private law will be studied both at a state level (in light of constitutional law, statutory provisions, judicial decisions and practices) and while considering a wider scenario, in which social and cultural influences shape the features of a legal landscape not limited by national boundaries. The final objective consists in developing students' capacity of critical analysis about divergencies and analogies between legal solutions, while taking societal trends into account. 

3. Method 

An innovative method will be adopted, so to improve students' knowledge of central topics of private law thanks to a comparative approach. After recalling the importance of a wide cultural background – e.g., by mentioning historical, philosophical, sociological, political and economic researches, all of great interest to have a complete vision of private law and its main areas – the course is aimed at giving students the possibility of being aware of the complexity of a legal framework in constant flux. A seried of "case studies" will be proposed from the start, with the purpose of gradually highlighting both general questions and specific problems – to be tackled from an interdisciplinary standpoint - in respect of certain new situations in the field of contract law and torts in contemporary world (like those concerning the legal regime of “smart contracts”- in banking services, telecommunication, etc.- vis-à-vis the protection of privacy, personal data and digital identity, in light of national legislations and EU law – i.e., of the GDPR and e-privacy Directive- in comparison with non EU jurisdictions; the relationship between health law protection and civil liability for medical negligence in light of state statutory provisions, binding guidelines and professional codes of ethics, in countries in which a universal national health system exists and in those that admit free or compulsory insurance coverage schemes only, etc.).

4. Detailed contents

Private Comparative Law is a core area of legal comparison. This course is aimed at exploring two central areas, of great interest for any private lawyers, i.e., the law of contracts and of tortious liability, by adopting a comparative perspective, with a special interest towards interdisciplinary aspects. At the start, a selected series of topics will be examined in light of the rise and development of different rules, principles and theories in the ecxamined areas. For instance, let's think about conception of “contract”, of "causa" and “consideration”, or to the consequences of “non-performance” in cases of “breach of contractual obligations” and of “frustration of the purposes of contract”, of “hardship”, of "impossibility".  In respect of tort law, the focus will be placed on the difference between intentional torts and civil wrongs based on the principle of fault liability, in various contexts: in the field of the law of negligence, of products liability (while underlying the nature of "civil remedies" and the functions of compensatory and punitive awards, respectively, in differen legal systems), as well as the interconnections with property law – i.e., ownership, title and possession –. For example, very interesting profiles can emerge, with a view to proposing a comparative analysis, while studying the impact of some principles and rules regulating of the law of trust and of fiduciary devices, with a special attention towards intellectual property, artistic and cultural heritage. Both theorical questions and practical problems will deserve to be addressed, especially in facing certain new situations. Among them,  it seems worth mentioning those concerning the legal regime of “smart contracts”- e.g., in banking services, telecommunication, e-commerce, etc. - vis-à-vis the protection of privacy rights, personal data and digital identity. All these issues need to be taken into account in light of national legislations and EU law, too – i.e., of the GDPR and e-privacy Directive- in comparison with non EU jurisdictions. Similarly, a wide approach should be adopted in detecting the relationship between health law protection and civil liability for medical negligence in light of state statutory provisions, binding guidelines and professional codes of ethics, in countries in which a universal national health system exists and in those that admit free or compulsory insurance coverage schemes only, even more so in proposing a critical survey of the current legislative scenario, as reframed by the measures enacted during the COVID-19 pandemic. 

5. Formal requirements

Students who are interested in attending classes are asked to enroll via the Moodle platform, at the beginning of the course, while following the instructions given by the teacher. Enrollment is mandatory with a view to having access to the complete Syllabus (e.g., to cases and materials examined during classes and to further writings). In order to take part in not mandatory, but optional learning activities, all details will be communicated in due time to students interested in a lively participation, not limited to the attendance of classes, on campus or online.

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                  Detailed information about time-schedules and teaching methods

Please, consider that until 25th of September all classes will not take place on campus, but off campus.  

Classes will be held twice a week, on Tuesdays and Wednesdays, in the afternoon. The exact time-schedule is the following one: 6.00-7.30 p.m. The total lenght of each class will be of one hour and a half. After a first part (lasting 40 minutes) a 10-minute break will follow (at 6.40 p.m.). Then, at 6.50 p.m. sharp, the second part will start.  

Indeed, in compliance with the Guidelines drafted by the Director of the Department of Legal Studies and the President of the School of Law, during the first two weeks of the forthcoming semester (i.e., from 14th September until 25th September) classes be held online exclusively. 

Students will be able to attend classes in live streaming, via Webex. For this purpose, all data (about subjects analysed and the calendar) are listed on this platform (Moodle). Please, see below the section "Classes held via Webex". A good knowledge of English is necessary (i.e., listening and reading comprehension). Furthermore, even if various different legal systems will be analysed, all written materials (i.e., mandatory and optional readings) will be selected among writings in English. 

From Tuesday, 29th of September onwards, classes of "Private Comparative Law" will be held face to face, at the "Novoli campus of Social Sciences". More precisely, in Building D-5, at the groundfloor, on Tuesday (room 0.08, at 6.00-7.30 p.m.), and in building D-4 at the groundfloor, on Wednesday (room 0.03, at 6.00-7.30 p.m.). 

All classes will be available in live streaming, too. Finally, students who can not attend classes will be allowed to have access to recorded videos, constantly made available via Webex.

Direct, lively interaction will be possible, however, only with students who will be "present" during classes (i.e., both with those who will be in classrooms and with those who will attend online, in live streaming), also thanks to proper technological devices (e.g., chats, group conference calls, etc.).  For this purposes, attendance is required. The maximum number of absences is six hours.  

Only materials up-loaded on Moodle (e.g., files with pdf texts, videos, links, etc.) will be available, instead, to students who would prefer to follow the course online by watching recorded classes exclusively. 

All students are welcome at the weekly meeting, that will take place online in this period of time (at least, until October), on Friday morning, from 11 until 13 p.m. A prior request has to be sent via email (to: elena.urso@unifi.it).     

Those who are interested in drafting their dissertation thesis in "Private Comparative Law" are greatly recommended to attend the new course, held in English, of "International Business Law", especially if their interest is focused on contract law. Of course, other comparative optional subjects (held in Italian, too) might be inserted in the study plan. They will be identified specifically after a colloquium.   

• IMPORTANT INFORMATION ABOUT OPTIONAL E-LEARNING  (ONLINE CLASSES)
  
  During the first semester of the academic year 2020-21, teaching activities at the University of Florence will be held not only face to face, but also online. The criteria to be admitted to  classes on campus are listed in the homepage of the University. However, all students are free to opt for online learning methods, Italian and foreign ones (e.g., "Erasmus+ students").
  The following platforms will be used, in the latter case:
  

  • MOODLE  - https://e-l.unifi.it/ (for enrollment in courses, access to materials, to attend classes in live streaming or to watch recorded videos)
  • WEBEX (registration of classes will be made available via the Moodle platform, through which it will be possible to have access to Webex)
  • In order to attend classes is necessary to have a REGISTRATION NUMBER ("NUMERO DI MATRICOLA") and a PASSWORD, which will be given to all students enrolled in courses held at the University of Florence.
  • These are the steps to be taken:
  • (A) FIRST ACCESS - REGISTRATION IN THE MOODLE PLATFORM
  • https://e-l.unifi.it/ 
  • 1.a. Click on "Login" at the top of the screen, on the right side
  • 1.b. Insert enrollment number and password
  • 1.c. Accept the terms of the website
  • (B) ENROLLMENT IN COURSES HELD VIA MOODLE 
  • A video tutorial (in Italian) explains the basic requirements: https://e-l.unifi.it/course/view.php?id=8988 
  • In order to find a course,  two methods can be adopted, in alternative:
  • 1.a. Go to Moodle homepage 
  • 1.b. Write the Name of the course in the section ("cerca corsi") at the top of the screen, in the right side
  • 1.c. Select the course  in the list, which contains all courses held at the School of Law in the current academic year (2020-2021)
  • 2.a. Click on the grey section at the left side of Moodle homepage (Supporto alla Didattica: insegnamenti online)
  • 2.b. Go to "Corsi di Laurea"
  • 2.c. Select the School of Law (Scuola di giurisprudenza), the academic year (2020-2021) and the course (Corsi di Laurea)
  • 2.d. Click on the name of the course (e.g. Private Comparative Law)
  • 2.e. Click on "Iscrivimi"
  • In this semester no access key is required at the School of Law. After enrollment the course will be inserted automatically in the student's dashboard (as illustrated in a video tutorial: https://e-l.unifi.it/course/view.php?id=7988).
  • (C) HOW TO ATTEND CLASSES IN LIVE STREAMING 
  • Video tutorial : https://e-l.unifi.it/course/view.php?id=17390 
  • 1.a. Accede to MOODLE by inserting your university registration number and password 
  • 1.b.Go to the homepage of the selected course
  • 1.c. Go to the section devoted to Webex (in Italia, “Lezioni online con Webex”)
  • 1.d. Select the class to be attended (listed under the "head" Upcoming)
  • 1.e. Click on Join (the day and at the time in which the class is scheduled)   
    
  • To have a better connection upload of WEBEX is recommended. 
  • (D) HOW TO WATCH A VIDEO RECORDED CLASS
  • Video tutorial: https://e-l.unifi.it/course/view.php?id=17390 
  • 1.a. Accede to MOODLE by inserting your university registration number and password 
  • 2.b. Go the course homepage
  • 2.c. Open Webex
  • 2.d. Go to the section Recordings
  • 2.e. Choose the selected class in the list of all videos  by clicking on "View recording” 
  • 2.f. Copy the password and insert it in the section that allows you to have access to the video.