PRINCIPLES OF ROMAN LAW

This course aims to provide the basic knowledge and the main institutes of the Roman Private Law, including the role of the jurists and the sources of law. Propositions of Private Law are supported by references to the original texts, and by the interpretatio of the jurists. The study of Roman Law, in fact, can’t be separated from the study of the history of the modes of formation of Law (starting from the XII tables until Justinian’s legislation) and from the historical developments of the institutions of Law.

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Knowledge and understanding: The course aims at a critical-reconstructive deepening, understanding and knowledge of the general principles and institutes of the Roman legal experience through the study and direct reading also of literary and legal sources. Applying knowledge and understanding: the course aims to encourage student’s ability (Italians and foreigners in Erasmus) to fully use the methodological tools provided during the lessons and to understand how and how much the Roman legal experience has influenced the institutions of the current legal systems. Making judgments: the necessary tools will be provided to allow students to analyse the developments of the Roman Law independently and critically. Communication skills: the student must be able to explain also to non-experts in the sector the basics and the institutes of Roman law, the normative sources of the different historical periods up to the Justinian compilation, and to use the technical terms of the discipline. Learning skills: the course provides the student with notions and knowledge specific to the sector but also indications and suggestions necessary to enable him to face other topics similar to those in the program and especially to the current legal systems.

The Roman Private Law’s topics are: Political and constitutional organization of Rome; Sources of Roman Law Fundamental principles and institutions of Roman Law; The Roman jurists and their methods; Justinian and the Corpus iuris civilis; Law of procedure; Law of persons; Law of family; Law of succession; Law of property; Law of obligations.

W.W. Buckland, A Manual of Roman Private Law (repr. Cambridge University Press 2012) 466 pages ISBN: 9781107646698

Lectures.

During the oral exam the student will be required to show that he/she knows and understands notions and principles of Roman Law, and contextualize the legal phenomena, taking into account of the Roman reality, and specifically of politics, cultural and constitutional issues. The student is expected to be able to independently analyze sources and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the matter. Forms of monitoring and intermediate test for attending students are possible. It being understood that the attribution of exam scores will only take place at the outcome of the final exam which will take place, at the end of the course, according to the methods and evaluation criteria below. specified in detail. The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: - knowledge and understanding of the notions and principles of the matter (60%); intermediate test (15%); appropriate use of the technical and legal vocabulary, ability to analyze and evaluate relevant sources and acquisition of the study method (25%). Learning gaps concerning one or more notions or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.

Good knowledge of Latin language.