Course Outline
Course number
RM117
“Comparative Contract and
Commercial Law”
Course title
Credit points
Total hours
Lecture hours
Course level
Prerequisites
2.5 (LV) 3,75(ECTS)
30
30
Masters
<<None>>
COURSE TEACHERS
No.
Name
Frank Diedrich
1
Larry A. Bakken
Academic
degree
st
1 +2nd German
State Exam in
Law, Dr. iur.
habil., MLE.,
Certified
Mediator
JD, LL.M.
2
Thomas Hoffmann
3
4
Christopher Goddard
1st+2nd German
State Exam in
Law, Dr. iur.,
LL.M.
PhD-Candidate,
M.A.
Academic
position
Full Professor at
RGSL,
Professor extraordinary, NorthWest University,
South Africa
Full Professor at
Hamline
University, USA
Associate
Professor,
University of
Tartu
Lecturer at RGSL
COURSE ABSTRACT
This course will give an overview of different topics, methods and
typical problems in comparative private law. Each topic will have an
initial phase of lecturing and in-depth reading, followed by an
2
interactive phase pursuant to the Socratic method where the students
have to participate actively, e.g. by solving cases, drafting contracts.
COURSE OBJECTIVES
Understanding the diverse legal families worldwide, their origins, main
structures and differences. The goal is to be able to distinguish the
different legal cultures in respect to civil and commercial law issues
and deal with them in the most efficient way. Additionally, to be able
to draft international commercial contracts on a comparative basis.
The focus will lie on civil law and common law approaches.
GRADING CRITERIA
Criteria
Final Written Exam
Weighting
100%
COURSE PLAN – MAIN SUBJECTS
No.
1
2
3
4
Subject
Introduction/Goals and Methods of the course
Methods of Comparative Law
Legal Families of the World
Comparative Contract Law
Planned
hours
4
4
10
12
2
3
COURSE PLAN – SESSIONS
Session
1
2
3
4
5
6
7
8
9
10
11
12
13
Subject
Lecture/seminar
Introduction to the subject/Goals and
Methods of the course:
a) Lord Steyn in McFarlane v Tayside
Health Board (1999) 4 All ER
961, 976, and Lord Goff in
White v Jones (1995) WLR
187, 201, both HL, England)
b) Comparative Law and
Comparative Knowledge
c) Study of Similarities or
Differences?
Methods of Comparative Law I:
a) Micro-comparison, b) Macrocomparison
Methods of Comparative Law II:
a) Law and Economics: Efficiency,
b) Functional Method vs. Legal
Transplants
Legal Families of the World I:
General Overview: Common law,
civil law, religious law, socialist
law systems, mixed systems
(legal culture and language)
Legal Families of the World II: US
American Law I
Comparative Contract Law I: Formation
Comparative Contract Law II: Performance
Legal Families of the World II:
US-American Law II
Legal Families of the World III:
Civil law in detail: German Legal System I
Legal Families in the World III:
German Legal System II
Comparative Contract Drafting – Case
Studies
Comparative Contract Drafting – Case
Studies
Comparative Contract Drafting – Case
3
4
Session
14
15
Subject
Lecture/seminar
Studies
Comparative Contract Drafting - Case
Studies
Revision
COURSE LITERATURE
No.
1
2
3
4
5
1
2
3
4
5
Author, title, publisher
Books:
Foster N., Sule S., German Legal System and Laws, 4th edition,
New York, Oxford University Press, 2010.
Kadner Graziano T., Comparative Contract Law, Cases, Materials
and Exercises, New York, Palgrave Macmillan, 2009.
Palmer V. V., Mixed Jurisdictions Worldwide, the Third Legal family,
Cambridge, Cambridge University Press, 2001.
Reimann M., Zimmermann R., The Oxford Handbook of
Comparative Law, -Selected articles by different authors-, New
York, Oxford University Press, 2008.
Zweigert K., Kötz H., An Introduction to Comparative Law, 3rd
edition, New York, Oxford University Press, 1998.
Articles:
Eberle E. J., “The Methodology of Comparative Law”, (2011) 16
Roger Williams U. L. Rev. (Roger Williams University Law Review)
51.
Garoupa N., Ligüerre C. G., “The Syndrome of the Efficiency of the
Common Law”, (2011) 29 B.U. Int'l L.J. (Boston University
International Law Journal) 287.
Madera A., “Civil and Religious Law Concerning Divorce: the
Condition of Women and Their Empowerment”, (2010) 12 J. L. &
Fam. Stud. (Journal of Law and Family Studies) 365.
Shoenberger A., “Change in the European Civil Law Systems:
Infiltration of the Anglo-American Case Law System of Precedent
into the Civil Law System”, (2009) 55 Loy. L. Rev. (Loyola Law
Review) 5.
Stapleton J., “Benefits of Comparative Tort Reasoning: Lost in
Translation”, (2007) 1 J. Tort L. (Journal of Tort Law) 6.
(15.10.2015fd)
4