74986 - Principles of European Legal Order

Course Unit Page

Academic Year 2018/2019

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

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