24614 - Roman Foundations of European Law

Course Unit Page

SDGs

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

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

Academic Year 2019/2020

Learning outcomes

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

Course contents

The course aims at the investigation of the persistence of Roman law principles in the current European legal systems; will proceed backwards with the purpose to explore the Roman foundations of the current projects for the unification of European contract law, with a special reference to the Draft Common Frame of Reference.

First module (prof. Fabiana Mattioli)

  1. Formation of the European contractual tradition;
  2. Projects of European law unification; 
  3. Good faith and fair dealing;
  4. Reasonableness;
  5. Definition of contract;
  6. Party autonomy;
  7. Precontractual liability: negotiations and duties of confidence;
  8. Requirements for the conclusion of a contract;
  9. Offer and Acceptance;
  10. Representation;
  11. Apparent authority;
  12. Interpretation of the contract: general;
  13. Interpretation of the contract: other hermeneutic rules;
  14. Determination of price;
  15. Change of circumstances.

Second module (dott. Ivano Pontoriero)

  1. Fraud;
  2. Violation of fundamental principles and compulsory rules: a. Contracts infringing fundamental principles;
  3. Violation of fundamental principles and compulsory rules: b. Contracts infringing compulsory rules;
  4. The simulation;
  5. The contract in favour of a third party;
  6. Conditional rights and obligations;
  7. Place of performance;
  8. Time of performance;
  9. Early performance;
  10. Performance entrusted to another;
  11. Term excluding or restricting remedies;
  12. Plurality of debtors;
  13. Plurality of creditors;
  14. Substitution of debtor and its effects;
  15. Set-off;
  16. Merger.

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

Students who need to integrate one credit must study the first chapter of the volume A. Petrucci, Fondamenti romanistici del diritto europeo. La disciplinagenerale del contratto, I, Torino, 2018.

Students who need to integrate two credits must study the first two chapters of the volume A. Petrucci, Fondamenti romanistici del diritto europeo. La disciplina generale del contratto, I, Torino, 2018.

Students who need to integrate three credits must study the first three chapters of the volume A. Petrucci, Fondamenti romanistici del diritto europeo. La disciplina generale del contratto, I, Torino, 2018.

For students who need to integrate 8 CFU and students of the study plan on Italian-French law

Students who need to integrate eight credits and the students of the study plan on Italian-French law must study all the volume A. Petrucci, Fondamenti romanistici del diritto europeo. La disciplina generale del contratto, I, Torino, 2018 and the chapter of the dolo and the chapter of the contract in favor of a third party in the volume Fondamenti di diritto contrattuale europeo. Dalle radici romane al Draft Common Frame of Reference, a cura di G. Luchetti e A. Petrucci, II, Patron, Bologna, 2010.

 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 holder of the course will evaluate from time to time the congruity of the proposed content with the subject of study of the discipline.

Readings/Bibliography

1) A. Petrucci, Fondamenti romanistici del diritto europeo. La disciplina generale del contratto, I, Torino, 2018;

2) Fondamenti di diritto contrattuale europeo. Dalle radici romane al Draft Common Frame of Reference, a cura di G. Luchetti e A. Petrucci, II, Patron, Bologna, 2010.

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 and second semester.

We remember that it is possible to take the exam only after passing the examination of Institutes in Roman law.

Assessment methods

The course is annual, so those who obtain the attestation of frequency in the present academic year will only be eligible for the exam since the month of May.

Attending students will be able to take intermediate tests, which will take place verbally at the end of each teaching module.

The final exam will be a verbal examination on the topics indicated in the “Course contents” section.

The evaluation of the examination will be carried out taking into consideration:

- the knowledge of institutional profiles;

- the ability to analyze the decisions of the courts and the opinions of academic commentators;

- the ability to make connections among the different parts of the program;

- the ability to develop critical arguments;

- the articulation of the exposure;

- the accuracy of the exposure.

Registration for the final exam will have to be done using the Almaesami platform (https://almaesami.unibo.it/almaesami/welcome.htm).

Bachelor’s Thesis

The Bachelor's Thesis project will be discussed and agreed upon with the holder of the course 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 "Insegnamenti OnLine" (https://iol.unibo.it/).

Students which need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs so as to be directed to the dedicated person and arrange on the adoption of the most appropriate measures.

Office hours

See the website of Fabiana Mattioli

See the website of Ivano Pontoriero