Learning objectives
At the end of the course the student is expected to:
- know and remember the evolutionary stages of Roman legal experience, along with the most important notions of Roman law;
- be able to independently apply the acquired knowledge to cases, also by comparing the notions of Roman law with the existing Italian civil law institutes;
- communicate effectively using an appropriate legal lexicon.
Prerequisites
none
Course unit content
The course analyses the major institutes of Roman Private law. Special attention will be dedicated to the judicial setting of the disputes and to the role played by the Praetor and by the jurists in shaping the the basis of the legal experience in the Western World and that constitutes a model that in Europe was converted into codifications and in some other countries is still used today by citations of ancient excerpts handed down to us. Through the basic presentation of Roman law as it evolved through history, the course aims to offer the student a general introduction to the study of private law, on the one hand by teaching students to perfect their mastery of the language and technical/juridical concepts and, on the other, by promoting awareness of the historical evolution of the law.
Full programme
Sources of Roman law and historical evolution of the principles of Roman law; Civil procedure (legis actiones, agere per formulas, cognitio extra ordinem); The theory of ‘negozio giuridico’; Law of persons (the law of freemen, paternal power, law of guardianship, women and minors, marriage, dowry.); Law of things (ownership and title, real rights, possession); Law of Obligations (history, sources, extinction and modification, contracts, sureties, torts); Inheritance and donations (outline).
Bibliography
Textbook :
A. LOVATO – S. PULIATTI - L. SOLIDORO, Diritto privato romano, Giappichelli, 2017, pp. XIV-786 .
The textbook must be studied in full, except for chapter VIII on "Successions", the preparation of which may be limited to the following paragraphs: 1,2,3,4,6,15 and 23a.
Optional suggested readings:
D. MANTOVANI, Le formule del processo privato romano. Per la didattica delle Istituzioni di diritto romano, 2a ed., Padova, CEDAM, 1999;
F. BALDESSARELLI, Le radici dei diritti dell’Europa. Dal Cippus Antiquissimus al Corpus Iuris Civilis, Parma, MUP, 2017.
Teaching methods
The course will be delivered through a combination of lectures and seminars, trying to encourage the students to participate in the discussion. On some occasions the class will be divided into groups for the presentation or discussion of a case.
Assessment methods and criteria
Attending students.
The achievement of the learning outcomes will be verified through an oral exam, which will be held at the end of the course. One or more intermediate exams (written or oral) will be provided in order to periodically verify the progress of the learning process. The calculation of the final grade, which will be assigned after the oral examination will take into account the class participation and the result of the intermediate oral/written examinations (if positive). The final positive vote will be expressed in a scale from 18 to 30.
Non attending students.
The achievement of the learning outcomes will be verified through an oral examination regarding the content of the textbook. In grading the oral discussion regard will be given to the quality of legal thought and accuracy in representing Roman law. The final evaluation will consist of an oral exam that will include at least three questions (with individual scores from 0 to 10 for each question, with increasing value). The final positive grade will be expressed in a scale from 18 to 30.
Other information
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