LLAW6209 Comparative Family Law

1.1 Course details

Course code: LLAW6209 / JDOC6209
Course name: Comparative Family Law
Programme offered under: LLM Programme / JD Programme
Semester: First
Prerequisites / Co-requisites: No
Credit point value: 9 credits / 6 credits
Cap on student numbers: 30

1.2 Course description

The course focuses on family law issues in a comparative and international context and prior knowledge of family law or comparative law is not required. Topics  include:  property  and  maintenance  on  divorce;  the  grounds  for  divorce;  the  legal status of cohabitants; legal regulation of adult relationships and changing family constructs; marital agreements (i.e. pre-nuptial, post-nuptial and separation agreement), the relevance of  gender  in  family  law  and  changing  one's  legal  gender;  the legal relationship of parents and children (including multiparenting, surrogacy, adoption and  parental responsibility).

All topics are covered from a comparative perspective.

This course will be taught as an intensive course, and active student participation is expected.  For all sessions mandatory and voluntary additional reading will be set. Participants are expected to have done the mandatory reading in advance to be able to participate and discuss the material.

This course will be of interest to students and practitioners wanting to acquire an up-to-date understanding of current policy and issues in family law around the world and anyone with an interest in family law, comparative law and social policy.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Jens Scherpe jms233@cam.ac.uk TBA By email

Two of the sessions will be co-taught with guest lecturers (surrogacy: Ass. Prof. Daisy Cheung, BCL (Oxon); adoption: Patrick Jiang, LLM (Cantab))

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 be familiar with the way certain core areas of family law are approached in different jurisdictions.

CLO 2 have gained an awareness of the underlying social issues and the policies pursued with the different legal rules.

CLO 3 be able to assess critically the approaches taken in the various jurisdictions based on the respective legal, cultural and social environment.

CLO  4 Be  better  placed  to  identify  relevant  legal  problems  not  only  in  national  and international  family  law  cases,  but  also  when  advising  commercial  and  corporate  clients (who,  after  all,  will  also  face  family  law  problems  which  might  affect  their  investments  or corporate structures).

2.3 Programme Learning Outcomes to be achieved in this course

CLO 1  ✓
CLO 2  ✓  ✓
CLO 3  ✓

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Class participation N/A 25% 1 1, 2, 3, 4
Research paper 15 Dec 2020 75% 1 1, 2, 3, 4
  *Feedback method (to be determined by course teacher)
1 A general course report to be disseminated through Moodle
2 Individual feedback to be disseminated by email / through Moodle
3 Individual review meeting upon appointment
4 Group review meeting
5 In-class verbal feedback

3.2 Assessment Detail

To be advised by course convenor(s).

3.3 Grading Criteria

Please refer to the following link: http://www.law.hku.hk/course/grading-criteria/

4.1 Learning Activity Plan

Seminar: 3-hour seminars in an intensive mode in October and November 2020
Private study time: 9.5 hours / week for 12 teaching weeks

Remarks: the normative student study load per credit unit is 25 ± 5 hours (ie. 150 ± 30 hours for a 6-credit course), which includes all learning activities and experiences within and outside of classroom, and any assessment task and examinations and associated preparations.

4.2 Details of Learning Activities

To be advised by course convenor(s).

5.1 Resources

Reading materials: Reading materials are posted on Moodle
Core reading list: TBA
Recommended reading list: TBA

5.2 Links

Please refer to the following link: http://www.law.hku.hk/course/learning-resources/

By the publication of the course profile online, the Faculty deems the student as having been notified of the course requirements.