95783 - Roman Foundation of European Law

Learning outcomes

The course aims to provide in-depth knowledge of European legal foundations, their origin in Roman law, and their subsequent development in Common law and Civil law. Under this framework, the Roman Law's heritage in modern legal systems will be investigated, working backward in search of the common legal bases on which the harmonization projects in the European law lays on. At the end of the course, students will understand the roots of the European legal traditions, and in particular, they will get the legal rationale of institutions such as contracts and obligations and their differences under various national contexts.

Course contents

The course will focus on the historical-comparative analysis of several problems connected with the impossibility, or unreasonable difficulty, of performing a contractual obligation, starting from Roman solutions and continuing through the later civil law and common law traditions down to the most recent trends in contemporary law.

First part. An overview of some distinctive features of Roman contract law, with particular attention to the concepts of good faith, the typicality (numerus clausus) of contract types, and the purely obligatory effects of contracts.

Second part. The development of contract law in the civil law tradition (the doctrine of vestimenta, the influence of canon law, natural law currents) and in the common law tradition (writs with praecipe and the rise of assumpsit; the doctrine of consideration), down to the codifications and the projects for the harmonization of European contract law.

Third part. The different solutions adopted by various legal systems to the problem of impossibility of performing a contractual obligation, with particular attention to the fairness of negotiations and to pre-contractual liability.

Fourth part. Supervening circumstances affecting either the very possibility, or the reasonable ease, of performance.

Fifth part. The principle of fairness in exchange and the so-called theories of the just price.

Throughout the course, particular emphasis will be placed not only on the Roman roots of solutions currently in force, but also on the influence of cultural and philosophical factors on the development of contract law.

Readings/Bibliography

The instructor will provide attending students with course materials and will indicate further readings for those wishing to explore specific topics in more depth.

Non-attending students are invited to contact the instructor in good time; a reading list will be provided accordingly.

Assessment methods

To pass the exam, attending students are required to write a paper on a topic related to those covered in class, to be discussed with the instructor during one of the exam sessions. More detailed instructions will be provided at the start of the course.

Non-attending students are required to write a paper that also includes an introductory discussion of some general issues in contract law. In this case too, the specific format will be agreed upon with the instructor.

Office hours

See the website of Fabiana Mattioli

See the website of Gianni Santucci