Learning objectives
Roman law, which has formed the basis of the 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.
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
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Course unit content
The course analyzes the major institutes of Roman law regarding the rights of individuals and the family, the theory of legal acts, rights in rem and obligations.
Special attention will be dedicated to the procedural phenomenon, whose peculiarities – especially as regards forms of action proceedings - often determine the configuration of the institutes.
Among the sources of the law, will be analysed the role played by the Praetor and by the jurists in creating the private law. Moreover two related and significant aspects of the Roman legal experience will be considered: the synthesis that was effected in the process between the various normative layers that formed its law and the scientific reflection that mediated its application (and which is at the base of our way of considering law).
Full programme
Basic legal notions. Some essential data of Roman ancient history. The sources of Roman law; the historical evolution of the principles of Roman law. Civil procedure (legis actiones, agere per formulas, cognitio extra ordinem). The theory of negotia gerere. 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). Basic notions on succession law.
Bibliography
ATTENDING STUDENTS:
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.
NON ATTENDING STUDENTS
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
In addition to classroom lectures, seminars and exercises, also written, are included to enable attending students to familiarise themselves with the discussion of cases and also to be aware of the persistence of Roman law categories. At the beginning of the course some lessons and seminars will regard basic legal notions and the essential data of Roman history.
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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