Learning objectives
The course aims to offer the student the fundamental notions of private law that has developed throughout the history of Rome and from which Western legal experience have arisen. The exposition of Roman law according to its own lines of historical development will contribute to forming awareness of the connection between law and history. At the end of the course the student is expected to: know the definitions and the discipline of the main subject matters of private Roman law; has the ability to apply the knowledge acquired in setting and solving concrete cases also making connections with then current legal experience; has an adequate legal lexicon.
Prerequisites
None
Course unit content
The course is divided into the following principal areas:
1. The sources of law along the development of the legal history of Rome (8th century BC - 6th century AD).
2. Persons: legal subjectivity and status libertatis, status civitatis, status familiae.
3. The family: patriarchal structure of the Roman family, role and powers of the pater familias, marriage.
4. The Roman civil trial: legis actiones, formulary procedure and extra-ordinary cognitio; special attention will be paid to the role of the Praetor and the contribution of jurists in the formation of substantive law in relation to judicial protection.
5. Legal acts: elements, invalidity, ineffectiveness.
6. Real rights: property and other forms of belonging of the goods, ways of purchasing the property, real rights, possession.
7. Obligations: concept of obligatio, sources of obligations, liability of the debtor, obligations, discharge of obligations, delicta.
8. Succession: general notions, testament, legacies.
9. Donations: profiles and evolution.
Full programme
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Bibliography
A. LOVATO, S. PULIATTI, L. SOLIDORO, Diritto privato romano, seconda edizione, G. Giappichelli Editore, Torino 2017
Chapter I: everything
Chapter II: paragraphs 1-2b; 3-4A
Chapter III: paragraphs 1-5
Chapter IV: paragraphs 1-4
Chapter V: paragraphs 1-3; 5
Chapter VI: paragraphs 1 (excluding 1c); 2 (excluding 2b and 2g); 3; 4-4a; 5; 6-6c; 7-7c; 8-9; 9c; 9th
Chapter VII: paragraphs 1-5a1; 5c; 5d; 6c; 7-7f (excluding 7b2); 8-8g
Chapter VIII: paragraphs 1-4; 6; 15; 23a
Chapter IX: paragraphs 1-2.
Total pages: 501.
Teaching methods
The lessons will be carried out in two ways: traditional lectures and readings aimed at illustrating the contents of the program, starting from the basic legal notions and essential references to the history of ancient Rome; in-depth analyzes with a seminar approach to encourage discussion with students on concrete cases drawn from Roman legal experience. Video recordings regarding some parts of the program will also be made available on the Elly platform.
The lessons will be held in person, but with the possibility of following them remotely, live, with Teams. The registration will also be uploaded to the Elly page of the course.
Assessment methods and criteria
The achievement of the educational targets will be verified through an oral test to be held after the conclusion of the course which will consist of at least 3 questions on different topics on the parts of the text indicated in the Bibliography section (each answer will be assigned a score from 0 to 10, with increasing merit value). For the purposes of the evaluation, importance will be given to the correct and effective presentation of the contents in appropriate technical terms and to the quality of the legal reasoning. The final positive mark, deriving from the sum of the results achieved in the answers, will be expressed on a scale of evaluation out of thirty (from 18 to 30).
It will be possible to take a partial test in the period in which no lessons will take place, to allow the extraordinary session of the exams to be held (21 February 2022 - 4 March 2022), on the date to be communicated.
The written test will be multiple choice, to be carried out in person.
It will contain 32 questions and each correct answer will be awarded a point.
The test will focus on chapters I, II, III, IV (in the parts of the text that are specified in the Bibliography section).
In the event of a positive result of the partial exam (marks between 18/30 and 30 cum laude), the final oral exam will focus on the remaining part of the program corresponding to chapters V, VI, VII, VIII and IX (in the parts of the text that are specified in the Bibliography section)
The score of the partial exam will contribute to form the final grade, which will be calculated on the average between the score of the partial exam and that of the final oral exam.
In relation to the evolution of the pandemic, the exam could take place in a mixed mode (ie in presence or remotely, for students who request it), or in an exclusively remote mode, online, for everyone. Notice of the chosen method will be given promptly and in advance through the esse3 system.
Other information
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