Introduction to comparative law - theory and practice

optional courses

The classes are open to both Polish and foreign exchange students (Erasmus and bilateral cooperation agreements with the University of Warsaw). Knowledge of English at least at the B2 level is required (there is no need for the formal certification). It is desirable but not necessary to have the general knowledge about private law (optimally a course in the civil and possibly in the commercial law) and command of languages other than English, in particular German and/or French.

Blended learning

Comparative law can be comprehended either as a distinct legal science or as a legal research method which consists in an identification of similarities and differences occurring between legal systems of different states. It has various objectives: in particular widening the horizon of human cognizance, development of legal practice, as well as the legislation improvement.

The course aims at making an introduction to the theory and practice of comparative research in the field of private law.

There has long been a dispute in the literature as to whether comparative law should be defined as a separate legal science or as a method of legal research. The first approach seems to prevail. As a science, comparative law does not deal with a specific legal system, but identifies and tries to explain the similarities and differences between the legal systems of different countries (and sometimes also between the law in the "traditional" sense and the systems of common law applicable locally in communities such as ethnic groups: Indians, Aborigines, Maori, Roma, etc.).

As a "pure" science, comparative law aims to broaden the horizon of human cognition. It can also be practiced as an "applied" science to enrich legal practice or improve legislation through "legal transplants" (reception of law).

The aim of the course is to introduce the theory and practice of comparative research in the field of private law. Students are acquainted with basic legal families, learn to recognize borrowings from other legal systems, and get some methodological bases, especially in the field of the so-called functional approach within comparative law.

In English

1) K. Zweigert, H. Kötz, An Introduction to Comparative Law, Clarendon Press Oxford 1998 (repr. 2011)

2) The Oxford Handbook of Comparative Law, red. M. Reimann, M. Zimmermann, Oxford 2006

3) W. Hug, The History of Comparative Law, “Harvard Law Review” Vol. 45, No. 6 (Apr., 1932), p. 1027 i n.

4) P. de Cruz, A Modern Approach to Comparative Law, Boston 1993

5) M. A. Glendon, M. W. Gordon, P. G. Carozza, Comparative Legal Traditions in a Nutshell, St. Paul 1999

6) H.P. Glenn, Legal Traditions in the World. Sustainable Diversity in Law, Oxford 2007

7) J. Gordley, An Introduction to the Comparative Study of Private Law: Readings, Cases, Materials, Cambridge 2006

8) M. Siems, Comparative law, Cambridge 2014

In Polish

1) M. Ancel, Znaczenie i metody prawa porównawczego, Warszawa 1979

2) R. Tokarczyk, Komparatystyka prawnicza, 9th ed., Kraków 2008

4) R. Tokarczyk, Współczesne kultury prawne, 8th ed., Warszawa 2010

1. Knowledge

a) The student knows the notion, functions and objectives of comparative law

b) The student knows the basic methods of comparative law

c) The student characterizes the main macro systems of private law in the world

2. Skills

a) The student distinguishes the basic methods of comparative law

b) The student applies the basic methods of comparative law

c) The student determines the origin of particular legal institutions

3. Approach

a) The student detects the connections between Polish law and other legal systems

b) The student understands the differences and similarities between particular legal systems

c) The student appreciates and reasons the variety of the systems of private law in the world

The condition for completing the course is reading at least one comparative legal article, verified with a test (carried out remotely on an e-learning platform).

Standard grading scale.