00536 - Institutes in Roman Law

Learning outcomes

The course is proposed to present , through a rerun balanced making exposure it is to the historical evolution that to the dogmatic canons , to present a legal grammar of base and the essential slight knowledge for the best understanding of our contemporary private law and the other national or “ transnational ” legal systems that in some way they are recalled or they will be recalled in the long run and complex historical experience that is descendant of the Roman Law .

Course contents

The course will be articulated in two connected parts: the first part offers a historical perspective and the second a dogmatic one. The first will supply the historical coordinates of the roman legal experience from its origin until to the epoch of Justinian.

The second part will take into consideration the fundamental institutes of Roman private law (Real Rights and he law of obligations).

The part which regards the real rights will take into consideration the characteristics of the quiritarian ownership and the other types of ownership known in Roman law; the problems concerning the modes of original and derivative acquisition; the subordinate real rights and the possession. The law of obligations will begin from the concept of obligation and its sources. It will be analysed various types of obligations, the performance, the non-performance and its consequences. It will be analysed the origin of the concept of contract and the single figures of typical contracts in their division into four parts (real, verbal, literal, consensual).

 

For students who need to integrate 1 CFU

The exam program will be agreed upon with the holder of the course.

For students who need to integrate 2 CFU

Students who need to integrate two CFU must study the chapter of Real Rights of the following volume:F. BRIGUGLIO, Elementi di diritto romano, 4a ed., 2018, Amazon (in forthcoming)

For Erasmus students

The Erasmus students’ exam program 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 study subject of the discipline.

Readings/Bibliography

F. BRIGUGLIO, Elementi di diritto romano, 4a ed., 2019, KDP Amazon

Teaching methods

We remind that the lessons will take place during the second semester, therefore the students that obtain the attendance certificate in the current academic year, will be able to take the exam from the beginning of may , in 2020.

There are no preparatory courses for this course.

Assessment methods

The final exam will consist of a written and a verbal examination on the entire program of the course.

The interview aims to evaluate the achievement of the following educational objectives:

- understanding the fundamental institutions in Roman law;

- understanding the methods of elaboration and trasmission of Roman juridical thought and the impact on the in modern private law.

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 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 "Insegnamenti OnLine" platform (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 Filippo Briguglio