ROMAN LAW
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- LUCETTA DESANTI
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/18
Training objectives
- The course, through the examination of the sources, intends to show how a Roman legislative text – the lex Aquilia – has been readapted and treated by means of jurists’ interpretation.
The main acquired knowledge will be:
- The rules (regulations) of lex Aquilia and their evolution, through a critical reading of the most important sources regarding the topic
- The techniques used by Roman jurists in adapting the provisions of lex Aquilia to the changed requirements connected with the passing of time
- The identification of the current problems in the field of modern extra-contractual liability
The basic acquired abilities (i. e. the capacity of applying the acquired knowlwdge) will be:
- The skill in critical examining legal texts
- The skill in understanding jurists’agumentations Prerequisites
- Students have to possess a solid knowledge of basic notions of Roman Law. In this perspective, getting through the exam regarding the romanistic subject in the first year is a necessary condition for standing up to the test. Furthemore, consistent abilities in reading and understanding legal texts are requested. The knowledge of Latin makes the learning easier, but it is not mandatory.
Institutions of Private Law, Constitutional Law, Foundations of Roman Law or History of Roman Law (9 cfu) are propaedeutic exams. Course programme
- The course forecasts 40 hours of teaching. It deals with the rules of lex Aquilia, which applied sanctions against the damnum iniuria datum. We can consider this text the source of modern extra-contractual liability. Taking the achieved evidences in consideration, the course will try to point out the original peculiarities of Aquilian regulations (8 hours) and their extraordinary evolution, which starts since the Roman age. Particularly, the course will examine three topics: the overcoming of typical facts and the expansion of the field of Aquilian tort (12 hours); the emersion of the culpa, that’s to say the necessity of a fraudulent or negligent behavior (8 hours); the depenalization of actio legis Aquiliae, which progressively become an action directed to achieving the compensation for damage (6 hours). Finally, the course will deal with the Justinian's reforms (2 hours) and the reading of Ps. Quintil. decl. XIII (4 hours).
Didactic methods
- The course covers all the topics of the program, with analysis and interpretation of sources. The course will be delivered in person, according to the calendar published on the website of the Study Course.
Learning assessment procedures
- The exam consists of a oral test. The aim of the exam is to verify at which level the learning objectives previously described have been acquired. Students have to answer some questions on the topics regarding the course programme. The final evaluation is established in connection with the examination results.
Reference texts
- Lucetta Desanti, La legge Aquilia. Tra verba legis e interpretazione giurisprudenziale, Giappichelli, Torino, 2015.
