Comparative Law

Faculty

Faculty of Business Management and Social Sciences

Version

Version 1 of 13.01.2025.

Module identifier

22B1842

Module level

Bachelor

Language of instruction

German, English

ECTS credit points and grading

5.0

Module frequency

winter- and summerterm

Duration

1 semester

 

 

Special features of the module

The teaching person decides whether the module is taught in German or in English.

Brief description

In this module students gain a basic understanding of the differences of legal systems. The get an overview over different legal families and traditions across the world. They learn basic features, terminology and basic contract law rules of the anglo-american legal system.

Teaching and learning outcomes

Method of Comparative Law

overview over different legal families

case law vs civil law

supra- and international law

Basic features of the English legal system

English contract law. Establishing differences between the English and the German contract law, applying the comparative method

other legal systems

Overall workload

The total workload for the module is 150 hours (see also "ECTS credit points and grading").

Teaching and learning methods
Lecturer based learning
Hours of workloadType of teachingMedia implementationConcretization
60LecturePresence-
Lecturer independent learning
Hours of workloadType of teachingMedia implementationConcretization
60Preparation/follow-up for course work-
30Exam preparation-
Graded examination
  • Written examination or
  • Homework / Assignment or
  • Oral presentation, with written elaboration
Exam duration and scope

Referat: 20 minutes; written version: 5 pages

written assignment: 10 pages

exam: see study regulations

The requirements are specified in the relevant class.

Recommended prior knowledge

none

Knowledge Broadening

Students can point out the differences of legal systems and explore the mechanisms of different legal systems. They can compare elements of different legal systems. They can describe the method of comparative law.

Knowledge deepening

Students can characterize the basic features of different legal systems. They can point out and compare advantages and disadvantages of different elements of the legal system. They can discuss the solution to a social problem in country A in relation to the equivalent solution in country B.

Knowledge Understanding

Students can critically reflect solutions of different legal systems to the same social problem. They can discuss the limits of the comparative method. They can critically reflect the value of comparative law for the understanding of any given legal system. 

Application and Transfer

Students can analyse and solve unknown problems, applying the law of different legal systems. They can compare the answers that legal systems give to the problem and establish any differences. They can reflect on advantages and disadvantages of these solutions.

Academic Innovation

Students can approach an unknown legal system applying the comparative method. On this basis, they can establish differences between this system and other systems they know. 

Communication and Cooperation

Students can - alone and in groups - talk about different legal systems, giving consideration to differences in legal terminology. They can communicate the fruits of legal comparison to lay persons in such a way as to empower them to make informed decisions on this basis. 

Academic Self-Conception / Professionalism

Students can ascertain where legal comparison can be helpful and where it cannot be helpful. Students can reflect on the distinctive features of legal systems.

Literature

Zweigert/K?tz, Einführung in die Rechtsvergleichung / An Introduction to Comparative Law

Kischel, Rechtsvergleichung

Schwenzer/Müller-Chen, Rechtsvergleichung

Bussani/Mattei, The Cambridge Companion to Comparative Law

Linkage to other modules

The module is connected to the other modules in the specialization on international law. This module teaches the basics of different legal systems (especially case law and common law), a basic understanding of the anglo-american legal system and its contract law rules as well as the method of comparative law. The module Legal Aspects of International Business builds on this knowledge. 

Applicability in study programs

  • Business Law (Bachelor)
    • Business Law, LL.B.

    Person responsible for the module
    • Sutschet, Holger
    Teachers
    • Sutschet, Holger