Modern European civil codes 406
Mr J Epstein
6 points
* Three 1-hour seminars per week
* One semester
*
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
| Published by Monash University, Clayton, Victoria
3168 Copyright © Monash University 1996 - All Rights Reserved - Caution Authorised by the Academic Registrar December 1996 |