91359 - ROMAN LAW

Learning outcomes

During the course students will the nature and peculiar aspects of law, in particular its relationship with history; the traditional areas of private law, as well as the system, the founding categories and the historical evolution of Roman private law (VIII century BC - VI century AD); They will be capable to understand the main issues and effects concerning the interpretation of ancient legal sources.

Course contents

The course revisits the content of the traditional course in Institutions of Roman Law, focusing on the fundamental features of Roman private law, examined in its historical development.

The first part of the course will focus on the 'mechanisms of development' of the Roman legal order, as well as on the sources of our knowledge of it, in particular Justinian's compilation and Gaius' Institutiones.

The second part will examine certain fundamental concepts for understanding relations between private individuals in Roman law: the concepts of legal capacity and capacity to act, as well as those of legal act and juridical transaction.

The third part introduces the phenomenon of civil procedure, and in particular the forms of the formulary process: particular attention will be given to the different types of actions that could be used to protect the various subjective legal positions.

The fourth and fifth parts will address the most important core of the course and of Roman private law, namely obligations and real rights. In the law of obligations, the various nominate contracts and the discipline of the lex Aquilia will be examined. Among real rights, in addition to possession, the main features of dominium (ownership) and of lesser real rights will be treated.

The sixth part of the course will outline the salient features of Roman inheritance law.

Readings/Bibliography

The teacher will provide attending students with course notes on which to prepare for the exam. Further bibliographic references for the in-depth study of specific topics will be provided during the lectures.

Non-attending students are invited to contact the instructor to agree on the most suitable material for exam preparation.

Teaching methods

The course is mainly delivered through lectures.

At the end of each learning unit, a debate will be organized among students on a case related to the topic covered. In this regard, some basic guidance will be given on argumentation, and in particular on ancient rhetoric.

Assessment methods

The exam consists of a final written test, made up of a mix of open-ended questions, multiple-choice questions, and a practical case to solve.

Alternative arrangements may be granted in specific cases.

Office hours

See the website of Alvise Schiavon