UiB : Juridisk Fakultet : eksamen : valgemner

Pensum

 

Comparative private law - JUS358

 

Spring 2008

Answer TWO out of THREE of the following questions:

  1. Assess which are, in your opinion, the most relevant obstacles to an effective functioning of Legal Transplants in the field of private law.

  2. Adopting a legal formants approach, identify the different solutions practiced within the Western Legal Systems (France, Italy, Germany, UK) to govern the law of Torts (civil wrongs).

  3. Comment the following statement, and express your position about the presumed “neutrality” of law in the process of legal harmonization:

“The beauty of the Rule of Law is that it’s neutral ”

(An anonymous official, US State Dept., quoted by T. Ruskola, 2001)


Autumn 2007

Answer TWO out of THREE of the following questions:

  1. Assess which are, in your opinion, the most relevant obstacles to an effective functioning of Legal Transplants in the field of private law.

  2. Adopting a legal formants approach, identify the different solutions practiced within the Western Legal Systems (France, Italy, Germany. UK) to govern the law of Torts (civil wrongs).

  3. Comment the following statement, and express your position about the presumed “neutrality” of law in the process of legal harmonization:

“The beauty of the Rule of Law is that it’s neutral ”

(An anonymous official, US State Dept., quoted by T. Ruskola, 2001)


Autumn 2006

  1. Give some examples of Legal Transplants (import of foreign rules and legal institutions), and point out some of the reasons which may lead to that a rule once transplanted is different in its new ”home”.

  2.  Outline the main difference between the Common Law, the Romanic and the Germanic Legal Family,

                     or

  1. Outline the main difference between English and Continental European Contract Law.

Two of the three topics must be dealt with.


Autumn 2004

English:

  1. What is the practical usefulness of comparative law in the process of harmonizing European private law?

  2. The main differences between English and Continental contract law.

Both topics must be treated.