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FOUNDATIONS OF ROMAN LAW

Academic year and teacher
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Versione italiana
Academic year
2022/2023
Teacher
SILVIA SCHIAVO
Credits
9
Didactic period
Primo Semestre
SSD
IUS/18

Training objectives

To make reference to the original legal sources, since roman law is the source of modern law.
The main purpose of the course is to provide a general overview of principal institutes of roman private law.
The main knowledges acquired will be: knowledge of principal institutes of family law, property and real rights; obligations; law of successions; litigation.The knowledge acquired will give a cultural enrichment and allow a more conscious approach to the study of modern private law.
The main skills will be: systematic understanding of roman private law; understanding of the historical roots of modern private law; acquisition of technical legal language.

Prerequisites

Good knowledge of italian language; attitude to reasoning. Knowledge of latin helps but it is not essential.

Course programme

The course includes 60 hours of teaching. It analyzes the historical evolution of Roman Private Law from the origins to the Justinian age:
- Sources of law (3 hours);
- Subjects of law: legal capacity and capacity to act (3 hours);
- Family law: freeborn, citizen and slaves, the Roman family, marriage, the father’s power (4 hours);
- Ownership,other rights in rem and possession (18 hours);
- Successions: testamentary succession, legacies, trusts, intestate succession (6 hours);
- Obligations: the nature of obligation, general features of contracts, atypical contracts, agreements, quasi-contractual obligations, delicta and quasi delicta, warranty obligations, discharge of obligations (20 hours);
- Roman civil trial (6 hours).

Didactic methods

Lectures on all the subjects covered by the programme. Also active partecipation of students will be furthered: they will be required to take part into discussion about main legal institutes and in the solution of small case studies.

Learning assessment procedures

Oral exam. Students are expected to answer some questions (three or four) on various topics subject of the course. Students must demonstrate their understanding of the main institutes of Roman Law also in the historical development. 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

Arrigo D. Manfredini, Istituzioni di Diritto Romano, Torino 2007, 3rd edition, Giappichelli Editore.