Learning objectives
Roman law, which has formed the basis of all legal experience in the Western World, represents a finished structural model that some countries still use officially, and which in any case continues to feed legal science even in those countries that have replaced it with codifications. Through the basic presentation of Roman law as it evolved through history, the Institutions 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 importance of law as an intellectual and social phenomenon.
Prerequisites
The Institutes of Roman Law exam, together with the Institutes of Private Law exam, is preparatory to all the other progress exams, with the exception of those belonging to the scientific-disciplinary IUS/19 (History of Italian Law) and IUS/20 (Philosophy of Law) and SECSP01 (Political Economics).
Course unit content
(a) The course is aimed at the major institutes of Roman law regarding the rights of individuals and the family, the theory of legal acts, rights in rem, obligations and succession through death.
(b) In a parallel manner, special attention will be dedicated to procedural phenomenon, whose peculiarities – especially as regards forms of action proceedings - often determine the configuration of the individual institutions.
(c) Finally, as part of the study of the sources of production, the role of the Praetor and of the jurists in the formation of private law will be studied, offering a better introduction to two of the most significant aspects of the Roman legal experience: the synthesis that was effected in the process between the various normative layers that formed its law (understood in the objective sense) and the scientific reflection that mediated its application (and which is at the base of our way of considering law).
Bibliography
ATTENDING STUDENTS:
The topics dealt with and the explanations given in the lectures are an integral part of the preparation for the examination, which will be completed by the study of all parts of the syllabus (a, b, c):
a. chosen by the student: L. SOLIDORO – A. LOVATO – S. PULIATTI, Istituzioni di diritto romano, Torino, Giappichelli, in press; M. MARRONE, Manuale di diritto privato romano, ed. Giappichelli, Turin, 2004; M. MARRONE, Istituzioni di diritto romano, 3rd edition, ed. Palumbo, Palermo, 2006 b. D. MANTOVANI, Le formule del processo privato romano. Per la didattica delle Istituzioni di diritto romano, 2nd edition, ed. Cedam, Padova, 1999 (excluding pages 120 - 190).
c. Preparation will be carried out using the materials indicated and commented on by the Professor during the lessons.
NON ATTENDING STUDENTS
L. SOLIDORO – A. LOVATO – S. PULIATTI, Istituzioni di diritto romano, Torino, Giappichelli, in press; or: M. MARRONE, Istituzioni di diritto romano, 3rd edition, ed. Palumbo, Palermo 2006.
Given the importance of the procedural moment, in the elaboration of private Roman law, when preparing for the examination, the student must, in studying the individual institutes, work a constant link between the substantive and the procedural points of view. For this purpose, reading of the manual must be associated with reading of the text D. MANTOVANI, Le formule del processo privato romano. Per la didattica delle Istituzioni di diritto romano, 2nd edition, ed. Cedam, Padova, 1999 (pages 15 - 117, to be prepared considering the possibility of making use of the translation into the Italian language of the formulae, prepared on pages 193 - 225).
Teaching methods
In addition to classroom lectures, seminars and exercises, also written, are included to enable attending students to familiarise themselves with the techniques of procedural formulae and also to be aware of the persistence of Roman law categories. A multiple-choice self-assessment test is available for all students (attending and non attending) at the following address: http://linux.ceda.unipr.it/Giurisp/dirpubbl/giuridiche/organizzazione/sezioni/dir_privat o/esercitazioni2.htm
