Droit Francais - LAWS5390

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Module delivery information

Location Term Level1 Credits (ECTS)2 Current Convenor3 2022 to 2023
Canterbury
Combined Autumn and Spring Terms 6 30 (15) Simone Glanert checkmark-circle

Overview

The module comprises a short introduction to the French legal system followed by a more detailed analysis of French public law and French private law.

The first part of the module mainly addresses French constitutional law. The lectures and seminars will canvass a number of salient issues, namely: the contemporary relevance of French constitutional documents; the institutional organisation of constitutional and political authority in France; the evolving powers of the Conseil constitutionnel; and recent major law reforms having transformed French constitutional Law.

The second part of the module discusses the French law of obligations. The lectures and seminars will consider a range of key topics, such as the role and functioning of private law courts, with specific reference to the Cour de cassation; main features of the French law of obligations (contract law and tort law).

The module also introduces students to the rigorous discipline of the dissertation juridique, the commentaire d'arrêt and the cas pratique, three types of exercises which they will encounter on a regular basis during their year in France.

Details

Contact hours

Total contact hours: 59
Private study hours: 241
Total study hours: 300

Availability

The module is compulsory for students enrolled in the LLB English and French Law. It is not available to students on any other single or joint honours law programmes and is not available as a wild module.

Method of assessment

Main assessment methods

Fiche de jurisprudence (Case note), 1500 words (20%)
Dissertation juridique (Legal Essay) in French constitutional Law, 2500 words (30%)
Dissertation juridique (Legal Essay) in French Private Law, 1500 words (20%)
Commentaire d'arrêt (Case Comment), 2500 words (30%)

Reassessment methods

Reassessment instrument (100% coursework)

Indicative reading

• Philippe Ardant and Bertrand Mathieu, Droit constitutionnel et institutions politiques, 28th ed. (Paris: LGDJ, 2016).
• David Bonnet, L'essentiel de la méthodologie juridique, 3rd ed. (Paris: Ellipses, 2015).
• Gérard Cornu, Vocabulaire juridique, 11th ed. (Paris: Presses Universitaires de France, 2016).
• Louis Favoreu and Loïc Philip, Les grandes décisions du Conseil constitutionnel, 18th ed. (Paris: Dalloz, 2016).
• Philippe Malaurie, Laurent Aynès and Philippe Stoffel-Munck, Droit civil: les obligations, 8th ed. (Paris: Defrénois, 2016)
• Christine Mangüé and Jacques-Henri Stahl, La question prioritaire de constitutionnalité, 2nd ed. (Paris: Dalloz, 2013).
• François Terré, Introduction générale au droit, 10th ed. (Paris: Dalloz, 2015).
• La Constitution de 1958
• Le Code civil

See the library reading list for this module (Canterbury)

Learning outcomes

The intended subject specific learning outcomes.
On successfully completing the module students will be able to:

1. Demonstrate a detailed understanding and engagement with the principal features of the French legal system, including its institutions,
procedures and sources of law, with regard to matters of French public law.
2. Demonstrate a detailed understanding and engagement with the principal features of the French legal system, including its institutions,
procedures and sources of law, with regard to matters of French private law.
3. Demonstrate a critical understanding and engagement with the rules and principles which apply in French constitutional law.
4. Demonstrate a critical understanding and engagement with the rules and principles which apply in the French law of obligations.
5. Construct well-reasoned and well-structured written arguments in French according to the French legal methodology.
6. Demonstrate fluency in their use of French legal language.
7. Demonstrate an awareness of, and sensitivity to, the economic, political and/or social implications arising from studying a foreign legal system.

The intended generic learning outcomes.
On successfully completing the module students will be able to:

1. Read carefully and efficiently both legal and non-legal texts in French.
2. Demonstrate argumentation skills that relate to legal texts.
3. Present material with proper citations and use of references.
4. Undertake independent research on a defined topic, using French legal sources.
5. Effectively locate and use primary and secondary legal and other relevant sources.

Notes

  1. Credit level 6. Higher level module usually taken in Stage 3 of an undergraduate degree.
  2. ECTS credits are recognised throughout the EU and allow you to transfer credit easily from one university to another.
  3. The named convenor is the convenor for the current academic session.
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