History of the European Obligation Law in Comparative Context

The course is designed for both Polish and foreign students. It is dedicated to students who are interested in private law, especially obligation law, and the historical development of obligation law in various European states. Classes take the form of seminars. There are eight two-hour meetings during which discussions are conducted on issues mentioned in the program of the course. Every particular issue is analyzed in the Polish, German, French and common law legal system as well as in the legal systems of participants of the course.

In addition to the brief description: the topics of the course are strictly connected with the European contract and unjustified enrichment law. Every issue is discussed both in historical and comparative dimensions, however, emphasis is placed on contemporary law. Students are previously asked to study a particular issue at home in order to take a part in the discussion conducted by the lecturer, especially they should read an indicated chapter of one of the books mentioned below (Literature). Each student is required to present the development of a particular institution and its contemporary regulation in his own national legal system.

1. Towards a European Civil Code, ed. A. Hartkamp, 2nd ed., The Hague/London/Boston 1998 and 4rd, revised and expanded edition 2011

2. H. Kötz, A. Flessner, European Contract Law, Oxford Claredon Press 1997

3. O. Lando, H. Beale, The Principles of European Contract Law, vol. I: Performance, Non- Performance and Remedies, Dordrecht 1995

4. H. Kötz, K. Zweigert, An Introduction to Comparative Law, 3rd ed., Oxford 1997

5. R. Zimmermann, The Law of Obligations. Roman Foundations of the Civilian Tradition, Cape Town/Wetton/Johannesburg 1990

Assessment methods:

- activity U1, U2, U3, U4, U5, U6, K1, K2, K3, K4

- three short papers on the topics chosen by the student from the course W1, W2, W3, W4, W5, U1, U2, U3, U4, U5, U6

Assessment criteria:

- activity – 0-25 pts

- papers – 0-25 pts each paper

fail- 0-49 pts (<50%)

satisfactory- 50-59 pts (>49%)

not applicable