LLAW6209 & JDOC6209

General Course Information

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 N/A 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))

Learning Outcomes

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).

2.2 LLM and JD Programme Learning Outcomes (PLOs)

Please refer to the following link:

LLM – https://course.law.hku.hk/llm-plo/

JD – https://course.law.hku.hk/jd-plo/

2.3 Programme Learning Outcomes to be achieved in this course

PLO A PLO B PLO C PLO D PLO E PLO F
CLO 1
CLO 2
CLO 3
CLO 4

Assessment(s)

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 Nov 2021 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: https://www.law.hku.hk/_files/law_programme_grade_descriptors.pdf

Learning Activities

4.1 Learning Activity Plan

Seminar: 3-hour seminars in an intensive mode
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).

Learning Resources

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/