24614 - Roman Foundations of European Law

Learning outcomes

The course is intended to present, by starting from the Roman experience, 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 with an instrument to approach the current themes concerning the unification of European law.

Course contents

The course is divided into two parts that are intended to represent two possible ways to approach the themes of the discipline.

In the first part it will be explored the persistence of Roman law principles in the current European legal systems; the second part is intended to propose a reading of a basic text for the juridical history of our continent.

 

The students enrolled in the 2nd cycle degree programme will have to take into consideration only the first part of the course inserted in the study plan.

 

Foundations of European Law
During the first semester the lectures will be given by Prof. Luchetti. In this part of the course it will be proceeded 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.

 

 Roman law
During the second semester Prof. Dalla will read and comment the first book of the Institutes of Justinian integrated with some works of the same professor. It will be studied in detail the law of persons (in particular the slavery, the sexuality, the old age) and  the law of family (patria potestas, marriage, adoption, guardianship). 

 

 

Readings/Bibliography

 For the preparation of the first part of the course:

Fondamenti di diritto contrattuale europeo. Dalle radici romane al progetto dei Principles of European Contract Law della Commissione Lando, a cura di G. Luchetti e A. Petrucci, Patron, Bologna, 2006.

For the preparation of the second part of the course

D. Dalla, Note minime di un lettore delle Istituzioni di Giustiniano , Libro I, 2 edizione, Giappichelli, Torino, 2007.

D. Dalla, Ricerche di diritto delle persone , Giappichelli, Torino 1995; except from p. 29 to 64; from p. 153 to the end.

Teaching methods

 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 final exam consists of an oral examination and aims to assess the achievement of learning objectives:

 - starting from the historical-dogmatic perspectives, provide the instrument to approach the current themes concerning the unification of European law.

 

Office hours

See the website of Giovanni Luchetti

See the website of Danilo Dalla