European Private Law (6 ECTS)
- Prof. Mr. J.E. Jansen
- Block 1
Upon finishing this seminar you have knowledge and understanding of the various legal systems of private law in Western Europe, such as the French, German, English and Dutch systems, and of their common background. During the seminar you will improve your academic skills in research, presentation and writing in order to judge legal historical aspects of various subjects and to reflect critically upon them as well as evaluate them. By the end of this seminar you will be able to answer questions about subjects relevant to legal history, both orally and in writing.
Modern West European private law has been laid down in comprehensive codes. As a result, the impression is conveyed that there are as many autonomous systems of private law as there are codifications. This impression is quite wrong, however. All modern codes, especially the parts that deal with commercial law, have been compiled on the basis of Roman law, the European ius commune, the common private law of Europe. Therefore, despite all the legal diversity, modern European commercial law has developed from a common source.
After examining this basis, students are introduced to the various legal systems derived from Roman law, and especially to French, German and Dutch private law. Students will learn to appreciate how different solutions have been found for the same legal problems in various European codes.
The English taught module is completed by a comparison of modern continental European private law and the common law of England. Each class covers a specific topic of private law; the present module focuses on property, possession and the transfer of ownership.
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