課程資訊
課程名稱
比較民法
SEMINAR ON COMPARATIVE CIVIL LAW 
開課學期
97-1 
授課對象
法律學院  法律學系  
授課教師
詹森林 
課號
LAW5440 
課程識別碼
A21EU2780 
班次
 
學分
全/半年
半年 
必/選修
選修 
上課時間
星期四3,4(10:20~12:10) 
上課地點
社法研6 
備註
本課程以英語授課。與研究所合開。
限學士班四年級以上
總人數上限:15人 
 
課程簡介影片
 
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課程概述

Course Description

This course is conducted in English and intended to attract students’ attention to comparative civil law. Lawyers in the twenty-first century are required not only to have expertise in their own domestic law but also to broaden their knowledge of foreign and comparative law. This kind of intellectual horizon is especially for the students indispensible who major in or are interested in civil law.

The course will focus on the legal problems of pure economic loss in Europe. The Reasons for choosing this topic are as follows:

1. European-continental civil law, German Civil Code in particular, was adopted by Taiwan civil law. European codification and legal doctrines still have important impact on the development of Taiwan civil law.
2. Pure economic loss is one of the most interesting and heatedly debated legal issues in Europe today, raising complex questions which affect the law of tort and contract (Preface of the book “ Pure Economic Loss in Europe” of Bussani and Palmer (edi), 2003) . Taiwan courts and civil law scholars encounter the same problems. What has been discussed and achieved in Europe with regard to pure economic loss ought to be studied by Taiwanese lawyers.
 

課程目標
Course Purpose

Purpose of the course is to encourage and help students to broaden their expertise in civil law from a comparative perspective. Study on the unified European civil law is the core of this course.

 
課程要求
Course Requirements

Each student is required to attend all classes and give at least one oral presentation alone or with other student(s). In addition, all students are expected to actively participate in class discussions.

Students willing to take the course should bear in mind that this course does not belong to the courses useful for preparing for the bar examination or the examination for judges and prosecutors. Besides, active discussions are absolutely required in the class and essential for the grading. More than one absence from class without justified reason will result in the fail in the course.
 
預期每週課後學習時數
 
Office Hours
另約時間 備註: as agreed with the teacher 
指定閱讀
 
參考書目
Course Materials

Following books are the main materials for preparing for the course:

1. Bussani/ Palmer (eds.), Pure Economic Loss in Europe, 2003
2. Cook/Oughton, The Common Law of Obligations, 3rd ed., 2000
3. Gordley/von Mehren, An Introduction to Comparative Study of Private Law, Readings, Cases, Materials, 2006
4. Markesinis/Unberath, The German Law of Torts: A Comparative Treatise, 4th ed. 2002
5. Reimann/Zimmermanm(eds.), The Oxford Handbook of Comparative Law, 2006
6. Samuel, Understanding Contractual and Tortious Obligations, 2005
7. von Bar, The Common European Law of Torts, Vol. I, 1998/ Vol. II, 2000
8. von Boom/ Koziol/ Witting (eds.), Pure Economic Loss, 2004
9. Zwigert/Koez, Introduction to Comparative Law (Translated by Weier), 3rd ed. 1998
 
評量方式
(僅供參考)
 
No.
項目
百分比
說明
1. 
oral presentation(s) 
50% 
 
2. 
class participation 
30% 
 
3. 
final written report 
20% 
 
 
課程進度
週次
日期
單元主題