JUS5240 - Comparative Private Law
Course content
The aim of the course is to focus on the main features of the law of contracts in various legal systems of the world, to show the common features and the main differences. A proper understanding of the relevant legal systems is necessary, first of all, if one is involved in an international legal relationship. However, insight in various legal systems is very useful also to understand and develop one’s own legal system, especially in light of the stronger and stronger internationalization of the legal sources.
A proper understanding of various legal systems assumes that these are studied with the correct method. It is not useful to use one’s own legal categories as a starting point, and look for corresponding rules in the foreign system. Often it will not be possible to find corresponding rules, but the foreign system will achieve similar results by adopting other legal mechanisms, that are peculiar to that particular system.
The course will focus on the contract law of the common law and the civil law legal families (which again are to be divided into Romanistic, Germanic and Nordic systems), with references also to the system of the Former Soviet Union and the process that this is undergoing. Attention will also be devoted to the most important instruments of harmonization of contract law on an international level.
Learning outcome
On completion of this course, the student should be able to:
- Appreciate the main features of the contract law of the common law and the civil law legal families, as well as of the most important instrument for the international harmonization of the law of contracts.
- Understand the interests and functions underlying the legal rules and legal structures in the respective legal families.
- Recognize the different legal techniques that the various legal families adopt to achieve similar results.
- Recognize how apparently similar regulations in different legal families may bring to different results.
See ‘Detailed course information’ regarding requirements and syllabus.
Admission
Id does not exist in shared textYou may register for this course if you have admission to a Master’s programme at UiO or the faculty's exchange programme. You can also register for this course if you do not have admission to any programme at UiO, but meet the formal prerequistites.
All students are required meet the formal prerequistites.
Have you met the formal prerequisites at another institution than the University of Oslo, and the results are not formally registered at UiO, you must apply for admission to courses at Master’s level . Students with admission to Master’s degree programmes at other faculties than The Faculty of Law must also apply for admission.
When your admission is in order you must register for courses in StudentWeb
Id does not exist in shared textPrerequisites
Formal prerequisite knowledge
Students must fill one of these requirements:
- Passed 1st - 3rd year of studies in Master's of Law (masterstudiet i rettsvitenskap at UiO) or examinations that qualify for exemption from these) or
- Having a 5-years Master’s degree in Laws (masterstudiet i rettsvitenskap at UiO) or equivalent.
Students with admission to the faculty’s exchange programme and students with admission to any master’s degree programme at the University of Oslo (except masterstudiet i rettsvitenskap) has an exemption from the formal prerequisites.
Recommended previous knowledge
Three years of law studies.
Overlapping courses
10 credits overlap with VALCOMPL - Comparative Private Law (discontinued), 10 credits overlap with VALKOMP, 10 credits overlap with JUXCOMPL - Comparative Private Law (discontinued), 10 credits overlap with JUXKOMP, 10 credits overlap with JUTCOMPL - Comparative Private Law (discontinued), 10 credits overlap with JUR1240 - Comparative Private Law (BA), 10 credits overlap with JUVOKOMP and 10 credits overlap with JUR5240 - Comparative Private Law (discontinued).Teaching
Lectures/seminars.
Language of teaching for this course is English. This means that all
communication during lectures/seminars will be in English, and all
literature and auxiliary materials are in English.
Access to teaching
Id does not exist in shared textExamination
4 hour written examination.
Examination support material
Id does not exist in shared textRegulations for support materials permitted at examination for courses taught in English . Please read all three chapters.
Language of examination
Id does not exist in shared textThe language of examination for this course is English. This means
that the examination question will be given in English, and students
may answer in English only.
Grading scale
Grades are awarded on a scale from A to F, where A is the best grade and F is a fail. Read more about the grading system.
Explanations and appeals
You may request an explanation of your grades, and you may also appeal against your grades or make a complaint about formal examination errors. Read more about explanations and appeals.
Resit an examination
You can usually resit an exam, but the conditions depend on whether you had a valid reason for absence from the regular exam. Read more about resitting an exam.
Withdrawal from an examination
Id does not exist in shared textA student can sit for this exam up to 3 times. If a student wishes to withdraw from the exam, s/he must do this in StudentWeb at least two weeks prior to the first day of the exam. Failure to do so will be counted as one of the three opportunities to sit for the exam.
A study programme may have rules that further limit the number of times a student may re-take this exam. In such instances the rules of the study programme will have priority.
Special examination arrangements
If you have a disability or a health problem that entails significant inconvenience in an examination situation, you may be considered for special examination arrangements. Mothers who are breastfeeding may apply for extra time to complete the exam.
Please se Detailed regulations for the Faculty of Law, Chapter 3 regarding application, responsibilities and special measures.
Evaluation
Feedback from our students is essential to us in our efforts to ensure and further improve the high quality of our programmes and courses. All courses are subject to continuous evaluation. At regular intervals we also ask students on a particular course to participate in a more comprehensive, periodic evaluation of this course.
Other
The language for this course is English. Students enrolled in the
Masterprogrammet i rettsvitenskap must pass one
English subject as part of their degree, this course will meet these
obligations.
This subject is taught at Master 's level. The subject is also taught at Bachelor's level (10 ECTS credits), see JUR1240 - Comparative Private Law (BA).
Please see the chapter above, regarding overlap. For instances of overlap, credits will be deducted on the subject at Bachelors's level.
This course is a useful complement to the courses JUS5230 - International Commercial Law, which focuses on the sources regulating international contracts, and JUS5280 - Internasjonal privatrett (in Norwegian), which focus on the question of choice of the applicable law in international legal relationships.