ROMAN LAW
Instructional goals
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 proceedings, with finalized consideration of the Roman system of law’s sources. Attention is paid to the ways in which Roman jurisprudence operates and to technical procedures – especially argumentative - followed by it.
Intended learning outcomes
Knowledge and understanding:
Through the participation in the frontal lessons the student will acquire full knowledge of the general categories of Roman law and its developments in civil law and common law. The acquisition of this knowledge will be assessed through midterm tests.
At the end of the course there will be a final oral exam, after which the grade and the corresponding CFU will be awarded
Ability to apply knowledge and understanding:
By acquiring the necessary tools and methods the student will be able to use knowledge of Roman legal principles and institutes in the contemporary context. They will be able to relate these principles and institutes to those sanctioned also at the sovereign level, in both European and supranational complex systems.
Independent judgment:
Through the methodologies acquired during course, the student will be able to use data and materials of Roman law to carry out broader analyses of normative sources, judicial orientations of jurisprudence and scholarly doctrine.
Communication skills:
The course will also provide the student with terminological precision and ability to master the technical-legal lexicon of the field.
The student will learn to apply these communication skills into practice in various contexts, becoming accustomed to presenting well‑reasoned arguments in discussions with others.
Learning skills:
The technical-legal knowledge acquired in the Roman law course will help the student independently understand and interpret the legislative , judicial and scholarly doctrinal changes, referring to both national and supranational law .
The 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 paths.
Course Contents
The course "Istituzioni di diritto romano" introduces students to understanding of how jurisprudential activity identifies and develops legal concepts and institutions.
This involves: analysis of the concept of a legal norm and of the tools used to identify it; examination of normative and jurisprudential material, analyzed in both synchronic and diachronic perspectives, together with its economic, social, political and cultural context.
The subject will be explored through a structured periodization that allows discussion based on significant and homogeneous phases. This analysis will begin with a basic tripartition: archaic period, period of Mediterranean expansion, Late Antique and Justinian period.
Reference Books
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
Teaching Methods
Within each historical period, the discussion is thus carried out. Reflection on the general characteristics of law in the period studied. Analysis of the formation of the divisions of law. Presentation of subjective legal situations and their protection: in particular: persons and family; procedure; assets, possession, property and other real rights; obligations; hereditary succession.
This structure is conceived flexibly, in order to allow the possibility of following the developments of each specific legal phenomenon and thus perceiving its changes and continuities.
The course of lectures will be supplemented by practical exercises carried out by lecturers specializing in individual topics.
Assessment Method
The examination consists of an oral interview in which the student must demonstrate knowledge and understanding of the institutions and principles of Roman law. The student must correctly use the technical legal terminology of the subject, thereby demonstrating that they have acquired the study method and learning ability necessary to continue independently in the in-depth study of the various topics.
Th final grade is expressed out of thirty (30/30). A grade between 18 and 20 corresponds to sufficient, yet low and basic, knowledge of the subject; a grade between 20 and 25 indicates more than sufficient/fair knowledge of the subject; a grade between 25 and 29 shows good or very good knowledge of the subject as well as critical ability ; a grade between 30 and 30 cum laude corresponds to a very good or excellent knowledge of the subject accompanied by excellent or outstanding critical, analytical, and connective skills.
For the assignment of the grade the following evaluation criteria will be taken into account:
- knowledge and understanding of the notions and principles of the subject (65%);
- appropriate use of the technical and legal terminology, acquisition of the study method (35%).
Learning gaps concerning one or more institutes or principles will result in an insufficient evaluation, even where there is a basic knowledge of the subject.
Thesis assignment criteria
Students who wish to graduate in the discipline must discuss the topic of the thesis and the methods for carrying out the related research directly with the professor.
Knowledge of the Latin is required; knowledge of Ancient Greek is also desirable.
A average grade of at least 27/30 and knowledge of at least two foreign languages are recommended.
Week 1
Creation – Thinking about law. Periodizing law. The contents of law. The reasons – Why law as history. Why society and law. Sources of law. Sources of knowledge concerning the conditions of the origins.
Reflections on what remains of Roman law. Reflections on the Roman foundations of modern legal systems.
Week 2
Fact, deed and legal act. Legal capacity and capacity to act. Types of rights: real rights and rights of obligation. Assertion and certification of rights: the trial. The obligations in general. Sources of law: monarchical, republican, imperial age. The ius civile; the ius honorarium; the ius gentium. The structure of law in the archaic age – Persons and family
Week 3
The archaic procedure. Actions. The legis actiones. Law in the age of Mediterranean expansion.
The evolution of the ius civile: means of protection, the praetor and the judge, the edict and the formulas. The evolution of the system of legis actiones. Crisis of the legis actiones.
Procedural subjects and formulas. The parts of the formula. How to classify actions. The procedure before the magistrate. The litis contestatio and its effects
Week 4
The procedure before the judge. The enforcement of the judgement. Other powers of the magistrate exercised for purposes of justice. Beyond the legis actiones and the formulas.
Formulary procedure, cognitiones and cognition. From formulas to cognitio. The organization of the cognitio. The procedural capacity of the parties. Aspects of procedure and the judgement.
Week 5
Appeal judgment and enforcement. New proceedings. Criminal justice. Property, ownership and other real rights. The goods. Possession.
Week 6
The property. Methods of acquisition. Real rights. Obligations. Sources of the obligations. Contractual obligations.
Week 7
Real contracts. Verbal contracts. Literal contracts. Consensual contracts. Pacts. Obligations arising from lawful non-contractual acts.
Week 8
Obligations arising from delict. Unlawful acts repressed by the edict.
Other developments of the obligatory relationship. Extinction of obligations.
Week 9
Successions and donations. Hereditas and succession
Week 10
Bonorum possessio. The will.
Week 11
Intestate succession. Legates. Acquisition of inheritance
Week 12
Trust. Donation.