Docente
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ALPA PIER GUIDO
(programma)
1.BASIC ITEMS
1. Sources of Law: Constitutions, Legislation, Case Law, Custom
The Role of the Science of the Law (doctrine)
2. Private law/public law: From opposition to integration
3. “European private law”: Decoding a formula
4. The historical construction of “Europe” and “European” : the changing geometry of Europe
5. The idea of Europe in current times: The cultural genesis
6.European legal identity
7. Common Legal Values in Western Society : The Legal Roots of Europe
8. The main legal systems in Europe: France, Germany, Italy, England and Scotland
2. GENERAL PRINCIPLES OF LAW
1. General principles of law
2. Researching principles
3. Principles in the jurisprudence of the European Court of Justice
4. Fundamental rights as general principles of contract law in the jurisprudence of the European Court of Justice
3. PERSONS
1. The meaning of “person” in the legal world
2. Natural persons in the Civil Code
3. From “individual” to “person”: The Charters of supranational rights
4. The concept of the person in the written Constitutions and in the EC legislation
5. The Charter of Fundamental Rights of the European Union (2000)
6. 7. The Lisbon Treaty (2007)
8. Human rights in the ECHR and as enforced by the European Court of Justice
9. The principle of dignity
4.CONTRACTS
1. Harmonisation and codification in European contract law
2. Party autonomy and freedom of contract today
3. Harmonisation of contract law and plans for a European Civil Code
4. Unfair Contract Terms
5. Consumer Rights Directive : Sales
6. Party autonomy and choice of the law applicable to “domestic” contracts
5. TORTS
1. General rules of Liability : the Provisions of the French, Italian and German Codes
2. Nominated Torts in English Law
3. Fault and Risk . Strict Liability
4. Products Liability
5. Special types of liability of EC Law origin
Liability of the State for violations of EU Law
State liability for judical activity
6. Damages to Persons
7. “Principles of European tort law”
 Twigg-Flesner, European Union Private Law, Cambridge Uivrsity Press, 2010
Micklitz and Cafaggi, European Private Law After the Common Frame of Reference, Elgar, 2010
Alpa and Andenas, Foundations of European Private Law (typewritten), 2015
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