00536 - Institutes in Roman Law (M-Q)

Learning outcomes

The course aims to provide the basic legal concepts with a view to better understanding our current system of Civil Law and other national or "transnational" systems that in some way refer to the long and complex historical experience which comes from Roman law.

Course contents

The course is divided in two parts: the first one is about the method and the role of the jurists in the creation and the interpretation of the law; the interpretative criteries of equity and of analogy; the codifications activity of the jurists in the justinian age.

The second part is about the most important institutes of civil law and proceedings.

The first part will provide the coordinates of the historical experience of Roman law. It will outline the characteristics of the method used by lawyers in the development of private law cases; logical and argumentative techniques useful for proper understanding of the fundamental basis of legal science and the formation of Western law; interpretive criteria of aequitas, bona fides and analogy; the role of the lawyer in the interpretation of the law; basic news about the Codes of the Late Antiquity and the Compilation of Justinian.

The second part will outline the main areas corresponding to the current private law and civil procedural law.

In particular:

Law of Persons: emergence of the notions of legal capacity, problems related to birth and death of the individual, features and privileges of Roman citizenship, the main aspects of slavery;

Family Law: the structure of the family and its property regime, marriage, divorce, domestic partnerships, legitimacy, adoption; institutions protective of children and handicapped persons;

Procedural Law: features and evolution of the trial, trial 'per legis actiones', trial 'per formulas', the 'formula', emergence of the fundamentals of modern general theory of the trial;

Legal transaction (brief): concept, essential elements, accidental elements, invalidity;

Law of Property: the property and its legal defense, the ways of obtaining ownership, originally and derivatively, possession, rights in rem, guarantees;

Law of Obligations: genesis, concept, content and types of obligations, default and responsibilities, sources of obligations (contracts especially in their fourfold, and torts), the main modes of extinction.

Law of Succession: the concept of succession (for universal and particular), intestacy, forms of will.

 

 

Readings/Bibliography

ATTENDING STUDENTS

INTRODUCTION

A. Bellodi Ansaloni, Scienza giuridica e retorica forense, III ed., Maggioli, 2020, parte prima;


GENERAL PART

D. Dalla, R. Lambertini, Istituzioni di diritto romano, 3° ed. Giappichelli, Torino, 2006.

(attending students may omit: cap. I; chap. II.9; chap. III.3,4,11,14; chap. V.9, 15; chap. VI.9, 22; chap. VII.9, 12).

or:

G. BASSANELLI SOMMARIVA, Diritto privato romano. Principi, Giappichelli Editore (in corso di stampa).

 

STUDENTS NOT ATTENDING

INTRODUCTION
A. Bellodi Ansaloni, Scienza giuridica e retorica forense, 2° ed., Maggioli, 2017, parte prima;


GENERAL PART

D. Dalla, R. Lambertini, Istituzioni di diritto romano, 3° ed. Giappichelli, Torino, 2006.

or:

G. BASSANELLI SOMMARIVA, Diritto privato romano. Principi, Giappichelli Editore (in corso di stampa).

 

Teaching methods

At lessons, slides will be used for a better comprehension of the institutes.

Lessons will be held in the first half of the year and, therefore, those who get the certificate of attendance may take the exam starting from January.

Assessment methods

The exam will take place exclusively in oral form.

The evalutation of the exam will be made by appreciating program’s knowledge, ability in making logical-deductive reasonings and in speaking the technical-legal terminology.

Gradation of the final grade:

Preparation on very few arguments of the course, analytical skills only by professor’s help, limited ability in speaking the technical-legal terminology: 18-20;

Preparation on few arguments of the course, skills in making logical-deductive reasoning mostly by professor’s help, middling ability in speaking the technical-legal terminology: 21-24;

Preparation on the most of course program, analytical skills, autonomous ability in making logical-deductive reasonings and connections, fairly good knowledge of the technical-legal terminology: 25-29;

Exhaustive preparation on the whole course program, good analytical skills, good and autonomous ability in making logical-deductive reasonings and connections, knowledge of the technical-legal terminology: 30-30L.

Degree thesis

Degree thesis will be set taking care of student’s interest. So, students are suggested to propose a subject and time wished for the degree. Thesis is an extensive discussion that reveals self-sufficient ability of research, maturity of method and of judgment and legal interdisciplinary knowledge. Thesis has no limit of pages, but the average number of pages extends from 100 to 150. A thorough bibliography will be appreciated.

Teaching tools

Materials concerning different parts of the program will be uploaded.
Seminars will be set up during the Course.

Office hours

See the website of Anna Bellodi Ansaloni