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| DROI1207-1

 | Elements of Comparative Law

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| Duration : | 30h Th | |
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| Holder(s) : | Robert Jacob | |
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| Course contents :
| After an introduction shaped as a review of the different legal families dissiminated among the world (common law and romanist systems, religious and socialist systems), this class focus on the presentation of the fundamental traits characterizing the common law. In a historical perspective, it evokes its uninterrupted evolution since the Norman conquest through the various forms of actions, the institution of the jury and the weight of judgemade law. It also attempts to present specific institutions such as the precedent and equity. The common law family is depicted through its English founding variant, but the class also touches upon the colonial variants of the common law system (United States of America, Canada, New Zealand, South Africa,
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| Course objective :
| This introduction to comparative law vows to accoint students to teachings flowing from legal comparatism. In the first place, it favours a distance in regard of their native national system and endeavours to emphasize the singularity of the latter among the different legal systems in the world. In the second place, this class attemps to underline the originality of legal science among other sciences. Finally, in an era where the internationalization of litigation requires lawyers to be familiarized with systems other than their own, this introduction to comparative law proposes an overview of one of the main legal families in the international perspective: the common law. | |
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| Prerequisites :
| No specific prerequis. | |
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| Organization :
| This class has been semestrialized and is held during 2 hours every Friday during the first semester. Repetitions in the form of seminaries attempt to parallel the oral class and to illustrate it through the study of exemples borrowed from the English case law (those decisions being translated in French). | |
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| Written notes :
| Oral presentation. No written notes.
A. MAUROIS, Histoire d'Angleterre, Paris, Fayard, 1978. J.H. BAKER, Introduction to English Legal History, 4th ed., London, Butterworths, 2002. K. ZWEIGERT & H. KOTZ, Introduction to Comparative Law, 3d ed., Oxford, Clarendon Press, 1998. | |
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| Assessment :
| A written examination based upon the oral class. | |
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| Contacts :
| Questions can be asked to the professor at the end of each class. Questions can also be asked to A.-F. Debruche, assistant, at the occasion of the repetitions. | |
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