74986 - Principles of European Legal Order

Academic Year 2023/2024

Learning outcomes

The aim of the course is to provide knowledge of European legal traditions, their origin in Roman and Medioeval law and their subsequent development in two distinct models: common law and civil law. At the end of the course, students will be able to: understand the basis of the European legal tradition and distinguish it from that of other regions; - know the origins of contracts and their differences in various national contexts;

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

Texts recommended are:

- Reinhard Zimmermann, "Law, Contemporary Law, European Law", Oxford University Press (2001);

- Barry Nicholas, "An Introduction to Roman Law", Oxford (at the Clarendon) Press (1962).

For some clarifications consult also:

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

Only part of the issues addressed by the texts 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

During the first semester, lessons will be held in the way described at the following address:

https://dsg.unibo.it/it/didattica/progetti-e-metodologie-didattiche/modalita-didattiche-presso-il-dsg-nel-i-semestre-a-a-2021-2022

 


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.

The aim of the oral test is to verify the student's ability to apply his or her knowledge and to make the necessary logical-deductive connections.

The following criteria will be used to assign the final mark:

  • Knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language à 18;
  • Knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 19-23;
  • Comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 24-29;
  • Extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L.

Teaching tools

The teaching materials will be made available through "Virtuale" (https://virtuale.unibo.it).


Office hours

See the website of Fabiana Mattioli

SDGs

Quality education Reduced inequalities Peace, justice and strong institutions Partnerships for the goals

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.