LAW 7267

Comparative Contract Law

Course Description

Course information provided by the Courses of Study 2023-2024.

The main focus of the course is to analyze some key institutions of contract law from a comparative perspective. The course will start with the illustration and the discussion of some general principles of contracts (civil law tradition v. common law tradition), such for instance formation and termination of contract. After a general introduction, the focus will be on a specific issue: illegality in contract law. Illegality is a fundamental problem that must be handled with attention. It covers different cases and obliges jurists to answer to difficult questions, such as if it is right that a party to a contract tainted by illegality not be able to recover from the other party the money initially paid under the contract or to what extent illegal conduct may deprive a claimant of its rights. The topic assumes primary importance because from the twentieth century onwards the statutes that include prohibitions have been multiplied, for instance to protect collective values, the environment, health, and so on. Faced with the flourishing of this kind of legislation, appropriate remedies must be applied. This issue will be analyzed in detail to make students aware of the fundamental similarities and differences between the contract laws in different legal systems. 

When Offered Fall.

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