LAW4154

Modern european civil codes 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Assoc Prof Judd Epstein

Offered:
Not offered in 2006.

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.

Objectives: This unit 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.

Assessment: Research paper (4000 words): 50% + Examination (2 hours writing time plus 30 minutes reading and noting time): 50% OR Research paper (4000 words): 50% + Oral discussion: 50%

Contact Hours: Three hours of lectures per week

Prerequisites: LAW1100 or LAW1101 and LAW1102

Corequisites: LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202