ROMAN LAW

This course has as its objective the learning of the fundamental elements of law, especially private law, starting from the knowledge of private law and the Roman civil process, with finalized consideration of the Roman system of law’s sources. Particular attention is paid to the ways in which Roman jurisprudence operates and to technical procedures – especially argumentative - followed by it.

Good knowledge of general history, geography, and philosophy. The knowledge of Latin and Greek is to be hoped for. Prerequisites are not required

Knowledge and understanding: The student - by participating in the frontal lessons and practical activities of the course - will acquire full knowledge of the general categories of Roman law and its developments in codicistic and common law experiences. The acquisition of such knowledge will be ascertained through intermediate checks. At the end of the course there will be a final exam in the form of an oral interview, which will be followed by the achievement of the grade and the corresponding CFU. Ability to apply knowledge and understanding: The student - acquiring the correct tools and method - will be able to use the principles and institutes of Roman law in the context of contemporary law. It will therefore be able to correlate these principles with those sanctioned also at the sovereign level, in both European and planetary complex systems. The presence of online content in the digital platform of the course and the carrying out of practical works will make it possible to verify in real time the skills acquired by the students. The acquisition of such knowledge will also be ascertained by means of intermediate checks. At the end of the course there will be a final exam in the form of an oral exam, which will be followed by the achievement of the grade and the corresponding CFU. Autonomy of judgment: The student, through the use of the methodologies acquired during the course, will be able to use data and materials of Roman law to analyze normative sources and orientations of jurisprudence and doctrine, and will be able to evaluate in autonomy all the data to formulate a critical judgment on the application of them to concrete cases, identifying the appropriate solutions for the practical cases that will come to his attention. Communication skills: The course will also enable the student to acquire a terminological precision that will allow him to master the technical-juridical vocabulary of law, by the experience gained in the attendance of Roman law. By participating in the various activities of the course - lectures, classroom discussions, simulated procedural hypotheses, written tests - the student will learn to put these communication skills into practice in different contexts, so as to be able to support with the interlocutor of reference professional level arguments, expressed with rhetorical and argumentative properties. Learning skills: The technical-juridical knowledge acquired during the Roman law course will allow the student to autonomously understand and interpret the normative, jurisprudential and doctrinal changes referring to both national and supranational legal discipline. The student will develop a knowledge of the institutional aspects of the subject, which will allow him to continue to deepen, even independently, the issues addressed and to undertake the various post-graduate professional training courses.

"Istituzioni di diritto romano" introduces an understanding of how jurisprudential activity identifies concepts and legal institutions, and then processes them. This means: analysis of the concept of norm and of the instrument that places it. The examination of the normative and jurisprudential data, analyzed in a historical and diachronic sense, is always connected to the broader economic, social, political and cultural context, in order to fully grasp its purpose and concrete implementation. The matter is considered through the reasoned identification of a periodization that allows the treatment for significant and homogeneous moments and phases. This analysis, in principle, generates a tripartition (archaic period, period of Mediterranean expansion, Late Antiquity and Justinian age).

L. Fascione, Storia del diritto privato romano, 3ª ed., Giappichelli, Torino 2012.

Within each identifiable historical age, the discussion is thus carried out: reflection on the general characteristics of law in the period studied; analysis of the formation of law partitions; exposure of subjective legal situations and their protection. In particular: people and family; assets, possession, property and other real rights; hereditary succession; obligations; process. This expository structure is conceived in an elastic way, in order to allow the possibility to follow the developments of each specific juridical phenomenology and therefore to be able to perceive changes and constants. The course of lectures will be supplemented by exercises carried out by specialist teachers of single subjects

In the hoped-for attendance of all the lectures, the Students will be invited to carry out written self-assessment tests on the most relevant topics encountered during lectures. The final assessment of the level of learning achieved, with the vote assignment and the relative CFU, will be carried out by means of a single oral test.

Students who wish to graduate in the discipline will discuss the topic of the thesis and the methods of carrying out the related research directly with the Instructor. Knowledge of the Latin is necessary; possibly also of the ancient Greek one. A profit average of at least 27/30 and knowledge of at least two foreign languages ​​is desirable.