Learning objectives
The course aims to introduce the student to the jurisprudential elaboration of the law, through the comments of Roman texts and the examination of jurisprudential contemporary case law.
Prerequisites
In order to take the exam in Roman Law, the students must have taken the examinations of Institutions of Roman Law and Institutions of Private Law.
Course unit content
The legal status of servitudes in the system of property rights.
Bibliography
Roman law
The exam requires a general knowledge of the basic principles of property rights (for example: M. BROWN, Institutions of Roman law, Palumbo, Palermo, and III., Chapter on “Things”, p . 276-397).
On the specific issue of servitueds:
B. Biondi, Le servitù prediali nel diritto romano, Giuffré, Milano, 1954, limited to the following paragraphs:
Chapter III, all (p. 43-86)
Chapter V, § § 12 (p. 103-107), 15, 16, 17 (p. 113-145), 20 (p. 153-160), 22, 23, 24, 25, 26, 27 (p. 174-196)
Chapter VII, § § 35, 36, 37, 38, 39 (p. 246-298)
Chapter X, § 50 (p. 355-366)
Contemporary law
Civil Code, Book III:
Title II (property), Chapter I (from art. 832 to 839), Chapter II, Section one (from art. 840 to 845), section five, six, seven and eight (from art. 869 to 908); head IV (from art. 948 to 951);
Title VI (servitudes), Chapter I (from art. 1027 to 1031), Chapter III, IV, V, VI, VII (from art. 1058 to 1079);
Title VII (communion), Chapter II, II (from art. 1100 to 1139);
Title VIII (possession), (from art. 1140 to 1170);
Title IX (art. 1171 and 1172).
The student must also refer to a collection of case law (approximately 15 pages), which will be made available on the Department website at the beginning of the course.
The attending students will be provided with a paper that will replace the Biondi manual and that will be sufficient to achieve a good preparation.
Teaching methods
The class will favor the exchange of ideas with the students, focusing on the analysis and discussion of practical cases.
Assessment methods and criteria
The oral examination will be preceded by a written admission test. During the oral discussion the student will be invited to discuss the issues covered in the manual and in the case law.
For the attending students, the discussions held during the year will be taken into account.
