ROMAN LAW

The course has as its objective the learning of the fundamental elements of law: especially civil law, starting from the knowledge of Roman civil law and 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.

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Knowledge and understanding: Students - by participating in the frontal lessons - will acquire full knowledge of the general categories of Roman law and its developments in civil law and common law. 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: Students – acquiring the correct tools and method – will be able to use knowledge of the principles and institutes of Roman law in the contemporary context. Students will therefore be able to correlate these principles and institutes with those sanctioned also at the sovereign level, in both European and planetary complex systems. 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: Students, through the use of the methodologies acquired during course, will be able to use data and materials of Roman law to analyze normative sources, orientations of jurisprudence and doctrine. Communication skills: Course will also enable the student to acquire a terminological precision that will allow him to master the technical-juridical vocabulary of law. Students 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. Learning skills: Technical-juridical knowledge acquired during the Roman law course will help students to autonomously understand and interpret the normative, jurisprudential and doctrinal changes, referring to both national and supranational legal discipline. Student will develop a knowledge of the institutional aspects of the civil law, 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; examination of the normative and jurisprudential data, analyzed in a synchronic and diachronic sense, is always connected to the broader economic, social, political and cultural context. Matter will be considered through the reasoned periodization that allows the treatment for significant and homogeneous moments/phases. this analysis will move from a tripartition-base: archaic period, period of Mediterranean expansion, Late Antiquity and Justinian age.

V. Mannino, Introduzione allo studio del diritto privato dei Romani, 3a ed., Giappichelli, Torino, 2018 V. Mannino, Legittimità del potere e primazia politica fra antico romano e modernità, 2a ed., Jovene, Napoli, 2022

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; process; assets, possession, property and other real rights; obligations; hereditary succession. 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 Tachers of single subjects.

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, in which the knowledge of the subject will be further examined. During the oral exam students will be required to show that they know and understand institutes and principles of Roman law. Student are expected to be able to use the appropriate technical and legal vocabulary, thus proving that they have acquired the study method and the learning ability for carrying on, also independently, further study of the matter. Final grade is expressed in thirtieths (30/30). Evaluation between 18 and 20 corresponds to a sufficient, yet low and basic, knowledge of the subject; evaluation between 20 and 25 shows a more than sufficient/discreet knowledge of the subject; evaluation between 25 and 29 shows a good or very good knowledge of the subject as well as a commendable and critical skills; evaluation between 30 and 30 cum laude corresponds to a very good or excellent knowledge along with high critical, analytical and connection skills. The following evaluation criteria will be taken into account to assign the final grade: - knowledge and understanding of the notions and principles of the matter (65%); - appropriate use of the technical and legal vocabulary, acquisition of the study method (35%). Learning gaps concerning one or more institutes or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.

Students who wish to graduate in the discipline will discuss the topic of the thesis and the methods of carrying out the related research. 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.