LAW4154

Modern European civil codes 406

Not offered in 1999

Mr J Epstein

6 points - Three 1-hour seminars per week - Clayton - Corequisites: LAW2100 and LAW 2200

Objectives This subject exposes students to the major legislative accomplishment of modern continental legal systems - the civil code. Students will read and analyse, in translation, extracts from the civil codes of Italy, France and Germany, cases - both at first instance and on appeal - as well as constitutions and ordinary legislation. Students who successfully complete the subject should (1) comprehend the importance of, and character of, a code; (2) become acquainted with the methodology of judges and lawyers whose systems are based upon codes; and (3) acquire a comparative perspective on selected substantive law areas, eg tort.

Synopsis The relationship of the codes, legislation and judicial decision making. Topics from the law of tort including liability arising from damage caused by things in custody, from dangerous activities and from the use of the automobile. Product liability. An example from contract/tort - letters of comfort. Research on civilian methodology in an area of choice.

Assessment Final open-book examination (2 hours) and research paper: 50% each - or research paper and oral discussion: 100% - or two research papers: 50% each

Texts

Epstein J Modern European civil codes: Cases and materials Monash University Faculty Notes

Back to the 1999 Law Handbook