74986 - Principles of European Legal Orders

Learning outcomes

The course is intended to present, by starting from the Roman experience, the historical-dogmatic perspectives relevant to the mechanism of rules formation, the structure of the preceptive language and the interpretative problems, which will provide the positive jurist with an instrument to approach the current themes concerning the unification of European law.

Course contents

The course aims to carry out a comparative study regarding the main current european legal systems. In particular we will focus on civil law and common law in order to reconstruct the origins of a common legal culture with particular reference to private law and specifically to the law of obligations and contracts. In this context it will investigate the persistence of rules and principles of roman law in the present system, working backward in search of the common legal bases that are the basis of the unification of the private projects in contemporary law.

For students who need to integrate 1, 2, or 3 CFU

Students who need to integrate one CFU must study the first chapter of the volume of Reinhard Zimmermann, The Law of Obligations: Roman Foundations of the Civilian Tradition, Oxford University Press, 1996.

Students who need to integrate two CFU must study the first two chapters of the volume of Reinhard Zimmermann, The Law of Obligations: Roman Foundations of the Civilian Tradition, Oxford University Press, 1996.

Students who need to integrate three CFU must study the first three chapters of the volume of Reinhard Zimmermann, The Law of Obligations: Roman Foundations of the Civilian Tradition, Oxford University Press, 1996.

For the Erasmus students

The exam program for the Erasmus student will be agreed upon with the holder of the course.

For students who intend to obtain recognition of examinations abroad (Erasmus, Overseas or other exchange programs)

The teacher will evaluate from time to time the congruity of the proposed content with the subject of study of the discipline.

Readings/Bibliography

Text recommended:

- Reinhard Zimmermann, The Law of Obligations: Roman Foundations of the Civilian Tradition, Oxford University Press, 1996.

Only part of the issues addressed by the volume will be considered during the course. The parties will therefore be more precisely indicated in class and in particular the professor will give specifical material to study for the final exam.

Teaching methods

Lessons will be held through the examination and discussion in the classroom of the Roman legal sources and subsequent testimonies of the Roman tradition.

The lectures will take place during the first semester.

There are no preparatory courses for this course.

Assessment methods

The final exam consists of an oral examination and it aims to assess the achievement of learning objectives:

- starting from the principles, to provide the instruments to approach the current themes concerning the  European law.

Bachelor's thesis

The Bachelor's thesis project will be discussed and agreed upon with the professor from time to time.

Seminars will be organized for the Bachelor’s candidates to illustrate the main tools of historical-legal research and their correct use for writing the thesis.

Teaching tools

The teaching materials will be made available through the AMSCampus platform.

Office hours

See the website of Fabiana Mattioli