Comparative Private Law

V-Nr. 256 Date:

Thursday, 14:00-16:00  Link to the VVZ

Room: KOL-G-204


The course will be taught by Prof. Babusiaux and Prof. Scarso (University Bocconi, Milan). Moreover, Prof. Pietro Tereszkiewicz (University of Krakow, Swiss-mobility-programme) will give a lecture on the 29th of September. In accordance with the course as part of the master program, students are requested to read the chapters indicated below before every meeting. At the beginning of every session, up to three students may be called up to summarize and comment on certain aspects of the preliminary readings (without grading). The meeting itself will then concentrate on particular issues of the topic and on the analysis of court decisions. Students are expected to be able any time to take part in the discussion and to deliver three written papers to Prof. Babusiaux during the semester.

The papers will serve as evaluation for the students and the three marks obtained within the papers will be taken into account for the assessment of the course as well as the personal contributions during the discussions.

More details for the written papers can be found here (PDF, 67 KB).


Compulsory Reading:



Please note: For mobility students and Erasmus exchange students only, Prof. Scarso offers the possibility to obtain the course via an oral examination that will take place on December 14th from 13.30 p.m. Mobility students and Erasmus exchange students will choose at the beginning of the semester, at the latest October 6th, if they prefer to write the three papers or to take part in an oral examination. They communicate their decision via e-mail to Revocation of the decision once it is taken will not be possible. Students that do not choose the oral examination will be obliged to present the three papers.

However, all regular students must obtain their grade via the preparation of the written papers.


Provisional Programme:

Date Person Subject Compulsory Reading
22/9 Babusiaux

General Introduction to Comparative Private Law and the Course

Lecture 1 (PDF, 550 KB)



Präsentation Tereszkiewicz (PDF, 165 KB)

Recent Developments in European Private law, especially in Eastern Europe




Folien Lecture 2 (PDF, 464 KB)

Notions of Contract & Place, Sources and Scope of Contract

Paper 1 (new version) (PDF, 187 KB)


Chap. 2, p. 39-76

Chap. 3, p. 77-136

Chapter 2/3 (PDF, 6 MB)



Folien Lecture 3 (PDF, 1 MB)

Additional Requirements & Offer and Acceptance

Paper 2 (PDF, 41 KB)

Notes for the paper of October 13th (PDF, 64 KB)

Chap. 5, p. 169-237

Chapt. 5 (PDF, 6 MB)



Folien Scarso 20Oct2016 (PDF, 242 KB)

Additional Requirements & Offer and Acceptance

Paper 3 (PDF, 38 KB)

Notes for the paper of October 20th (PDF, 46 KB)

Chap. 6, p. 241-318

Chapt. 6 (PDF, 57 MB)



Folien Scarso 27Oct2016 (PDF, 444 KB)

“Sufficiency of Agreement” and “Intention to create Legal Relations”

Paper 4 (PDF, 48 KB)

Notes for the paper of October 27th (PDF, 48 KB)

Chap. 7, p. 319-335

Chapt. 7 (PDF, 11 MB)


Chap. 8, p. 335-370

Chapt. 8 (PDF, 28 MB)



Folien 3Nov2016 (PDF, 746 KB)

Pre-Contractual Negotiations

Paper 5 (PDF, 46 KB)

Chap. 9, p. 371-425

Chapt. 9 (PDF, 44 MB)



Folien 10Nov2016 (PDF, 317 KB)

Fraud, Mistake and Misrepresentation

Paper 6 (PDF, 30 KB)

Chap. 10, p. 427-538

Chapter 10 (PDF, 7 MB)



Folien 17Nov2016 (PDF, 344 KB)

Threats and Abuse of Circumstances

Paper 7 (2nd last paper) (PDF, 30 KB)

Chap. 11, p. 539-598

Chapter 11 (PDF, 52 MB)



Folien 24Nov2016 (PDF, 279 KB)

Immoral and Illegal Contracts

Paper 8 (last paper option) (PDF, 42 KB)

Chap. 12, p. 607-664

Chapter 12 (PDF, 46 MB)



Folien 01Dec2016 (PDF, 1 MB)

Unfair Clauses

Chap. 16, p. 757-830

Chapter 16 (PDF, 6 MB)



Folien 08Dec2016 (PDF, 1 MB)

Remedies for Non-Performance: Termination

Chap. 17, p. 833-838

Chapter 17 (PDF, 883 KB)

Chap. 20, p. 915-992

Chapter 20 (PDF, 7 MB)

14/12 Scarso Oral examination for Mobility Students 13.30 p.m.