ROMAN LAW
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- SILVIA SCHIAVO
- Credits
- 6
- Didactic period
- Primo Semestre
- SSD
- IUS/18
Training objectives
- The course will focus on the analysis of some institutes of private law from Roman law to contemporary European systems. The aim is to describe continuity and discontinuity.
The knowledge acquired will provide a cultural enrichment and will encourage the acquisition of greater awareness in the critical interpretation of legal texts.
The main knowledges gained will be: analysis of some of the institutes of the roman private law; knowledge of the sources of Roman law; knowledge of historical evolution from principles of roman law to modern codifications.
The main skills will be: critical reading of the sources of roman law; improvement of understanding of legal texts; improvement of technical and legal language. Prerequisites
- Knowledge of Roman Private Law institutes is required. Italian Private Law, Italian Constitutional Law, Foundations of Roman Law or History of Roman Law (9 credits) are propaedeutic exams.
Course programme
- The course will focus on some of the institutes of Roman private law, in the context of comparison with modern European codifications. After some preliminary information on the sources of Roman Law and on Roman Law in European History (4 hours), the main topics will be: "utilitas contrahentium" (6 hours); "diligentia quam in suis" (6 hours); "iniuria" in the context of Aquilian liability(6 hours); transfer of property and conflict between buyers (10 hours); rescission of sale between roan law and european laws (8 hours).
Didactic methods
- Frontal lectures with analysis and interpretation of sources. Different materials will be analyzed and discussed together with the students (Digest's texts, imperial constitutions, etc.). Also practical cases will be discussed, with arguments, logical thinking and legal instruments used in the sources for their solution. In general, every lecture will be divided into two different moments: a more theorical part, dedicated to the description of the legal institutes involved (in their historical evolution) and a more practical one, with active partecipation of students in the discussion of cases.
Learning assessment procedures
- Oral exam. Students are expected to answer some questions (two or three) on various topics subject of the course and to analyze critically some of the texts. The student will have to demonstrate knowledge of the main institutions analyzed from a theoretical point of view but also in their practical applications in the examined sources. The final mark will be established through the average of the marks of every single answer given by the student to the questions.
Reference texts
- 1)G. Santucci, Diritto romano e diritti europei. Continuità e discontinuità nelle figure giuridiche, seconda edizione, Il Mulino, 2018 (tutto);
2)M.F. Cursi, R. Fiori, P. Lambrini, G. Santucci (a cura di), Modelli teorici e metodologici nella storia del diritto privato 5, Jovene editore, 2021, pp. 1-58 e pp. 327-353.
