93396 - DIRITTO COMUNE

Learning outcomes

At the end of the lessons the student knows the development of civil law institutes between Middle and Modern Ages, the period in which juridical systems of continental Europe were organized on the dynamics of the system of the ius commune. It is a technical course, which aims to direct students to a critical comprehension of actual codified civil law.

Course contents

General part

The course intends to recreate the dialectics ius commune -iura propria, that characterized the medieval and modern Europe.

For this reasons on the one hand, it will deal with the origin and development of the ius commune (XIIth century), destined to mark out juridical evolutions of Europe until the age of the codifications; ·on the other hand, it will examine iura propria in force

• in the Italian peninsula (Communal Legislation and Royal Laws)
• in the Iberian peninsula (Fueros and Royal Laws)
• in France (Coutumes, Municipal Laws, Ordonnances)
• in Germany (Municipal Laws and the Emperor’s Laws)

Explained the various juridical sources in force in the Europe of ius commune, it will arouse the focus on the manners which have allowed an happy coexistence and co-validity among them, that ‘system’ in which the ius commune played two different roles:

• as positive law
• and as a model for the various particularly laws

Special part

In this academic year, the special part of this course is focused to examine in depth the law of procedure in the age of ius commune:

• the Roman-Canonical procedure, in its variations of the ordinary ritual and the summary one, to solve litigations between Middle and Modern Ages
• the mercantile ritual, adopted by curiae mercatorum to solve the merchant litigations
• the bankruptcy procedure, aimed at guaranteed the merchant creditors

Readings/Bibliography

General part

1) M. Bellomo, L’Europa del diritto comune. La memoria e la storia, Enna 2016 (except cap. 2)

Special part
2) A. Padoa Schioppa, Profili del processo civile nella Summa Artis Notariae di Rolandino, in Rolandino e l’Ars Notaria da Bologna all’Europa, a cura di G. Tamba, Milano 2002, pp. 583-609.

3) A. Marchisello, Ordinata celeritas: il rito sommario nel Trecento tra lex e interpretatio, in Diritto particolare e modelli universali nella giurisdizione mercantile (secoli XIV-XVI), a cura di P. Bonacini e N. Sarti, Bologna 2008, 13-43.

4) A. Legnani Annichini, Le specificità del rito mercantesco bolognese, in Diritto particolare e modelli universali nella giurisdizione mercantile (secoli XIV-XVI), a cura di P. Bonacini e N. Sarti, Bologna 2008, pp. 73-94.

5) A. Legnani Annichini, Tra Comune e Mercanzia: la giurisdizione fallimentare bolognese tra Basso Medioevo e prima Età Moderna, in La giurisdizione fallimentare. Modelli dottrinali e prassi locali tra Basso Medioevo ed Età Moderna, a cura di A. Legnani Annichini e N. Sarti, Bologna 2011, pp. 65-78

Essays of the special part will be made available for students on the course page (https://www.unibo.it/en/teaching/course-unit-catalogue/course-unit/2020/455258)

Erasmus
Foreign students that are partecipating in the Socrates-Erasmus program should prepare their oral examination reading M. Bellomo, The common legal past of Europe 1000-1800, Washington D.C. 1995.

Integrating exams which students who have moved from other Courses

The programme for integrating exams which students who have moved from other Courses needed to take is planned with each individual student on the basis of the programme completed and on the CFU necessary.

Teaching methods

Teaching will be developed into frontal classes in which it will be discussed the systematic presentation of the topics covered by the Course.

During the lessons the students can confront with literary forms used by medieval jurists, that will be made available on the website of the course owner.

The lessons will start in the first part of academic year.

Students will be allowed to afford the examination from winter session.

Assessment methods

The final examination will be oral.

The final examination is going to certifie that the student

- knows the history mode of operation of the ius commune-iura propria dialectics, also through thematic research programmes planned for this academic year

- knows the importance of an historical background in the knowledgement of nowdays jurists

The evaluation of the test will be carried out taking into consideration

• the knowledge of the course contents
• the ability to make connections between the different parts of the program
• the ability to develop critical arguments
• the articulation and accuracy of the exposure

By way of example, the following criteria will be used to assess the final mark (that will be out of 30/30):

- sufficient or barely sufficient knowledge on the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;

- fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;

- comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-29/30;

- extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

Registration for the final exam must be done using the Almaesami application (https://almaesami.unibo.it/almaesami/welcome.htm).

Until new dispositions of the Dean, the exams – always oral – will be in virtual modality on Microsoft Teams.

After the inscriptions closure every student will receive through Almaesami the meeting link, to which he should connect the day of the exam
The professor, if it is possible, will send also the link of the subcommision from which the student will be examined. Otherwise the links will be comunicated in the virtual room at the moment of the roll call.

The thesis

The thesis, intended for a detailed study of institutes, people and precise moments from juridical medieval and modern history, will be assigned to those students who show a clear interest in the historical-juridical educational path.

Requests from those students who decline to dedicate the necessary time to make thesis elaboration a constructive experience will not be accepted.

Teaching tools

The course is completely supported by Microsoft Powerpoint.

For a better preparation it is suggested to download the didactic material that will be put on the course page (https://www.unibo.it/en/teaching/course-unit-catalogue/course-unit/2020/455258)

 

Office hours

See the website of Alessia Legnani Annichini