730-375 Introduction to European Civil Law

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Subject Description:

This subject is taught in 2 parts. A first part sketches the conceptual framework within which European civil law is studied. Attention will be paid to the comparative method, the concepts of legal families, codes and codification, and the advent of the European Union. Part 2 contains a series of case studies. In previous years the focus has been on selective aspects of contract law (good faith and unconscionability), tort law (fault v. strict liability), procedural law (adversarial v. inquisitorial approaches to the administration of justice), and labour law (employee participation). The course ends with a discussion of theories of convergence and divergence and their relevance for the legal families of civil and common law.

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Prescribed Texts:

• Vranken, Fundamentals of the European Civil Law, Federation Press, 1997.