Learning objectives
The course aims to introduce the student to the jurisprudential elaboration of the law through the comments of Roman sources.
At the end of the course the student is expected to know and remember the evolutionary stages of Roman inheritance law, along with the most important notions of Roman law on the subject;
be able to independently apply the acquired knowledge to cases, also by comparing the notions of Roman inheritance law with the existing Italian civil law.
Prerequisites
In order to support the examination of Roman Law, you must have passed the examinations of: Institutions of Private Law, Institutions of Roman Law, Constitutional Law and Civil Law I.
Course unit content
The course aims, first, to deepen the links between the cases and the systematic trends in that particular area of private law which is the law of succession. It will be studied the inheritance system from ancient times up to the Justinian era, through the constant reading of jurisprudential sources. Secondly, it will be studied the work of the jurist Callistratus dedicated to the new procedural order, in an attempt to bring organization into a matter that was still fluid and in need of being processed.
Full programme
The Roman legal system appears to be case based, alien to abstractions, based on the analysis of the individual cases at issue and basically oriented to avoid theoretical deep analysis.
Roman law was developed through a method that was very far from the axiomatic and deductive methodology typical of late natural law, however, to make a bridge between the cases and the system, there was the Roman jurisprudence, which had been able to extract general principles from the individual cases, and was therefore capable of creating a scientifically ordered system. A key contribution in this process of rational development was given by procedural techniques. What emerged was a unique system that had its roots in a class of lawyers.
Based on these premises, the course aims, first, to deepen the links between the cases and the systematic trends in that particular area of private law which is the law of succession. More specifically, it will be first studied the inheritance system from ancient times up to the Justinian era, through the constant reading of jurisprudential sources. Secondly, it will be studied the work of the jurist Callistratus dedicated to the new procedural order, in an attempt to bring organization into a matter that was still fluid and in need of being processed.
Bibliography
1 - S. Puliatti, De cuius hereditate agitur: il regime romano delle successioni, Torino (Giappichelli editore) 2016.
2 - S. Puliatti, I libri de cognitionibus di Callistrato (to be printed)
Teaching methods
A first phase of lectures (30 hours) during which an overall exposure of the Roman succession regime will be offered, will follow a cycle of exercises (20 hours) in which the students will be invited to address the key issues of the course through a direct contact with the sources (collected in pp. 169 ss. of the manual "De cuius hereditate agitur: il regime romano delle successioni").
Assessment methods and criteria
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 vote will be expressed in a scale from 18 to 30.
Particular value will be given to the argumentation accuracy with which the student will make use of the notions outlined in the manual.
During the first semester, depending on the evolution of the health emergency, the exam can take place either in mixed mode (i.e. in presence, but with the possibility of taking it remotely upon request), or only remotely, online, for everyone.
Of the chosen modality, between the two indicated, information will be promptly given on the esse3 system.
Other information
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2030 agenda goals for sustainable development
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