00536 - Institutes in Roman Law (A-C)

Learning outcomes

The course is intended to present, by analysing the origins and evolution of the fundamental institutions in Roman law, an effective instrument for the comprehension of the contemporary law, regarding in particular the private law, while not neglecting the historical contextualisation of the period during which the extraordinary experience of Roman law has developed.

Course contents

 The course will be divided into two parts: the first part offers a historical perspective and the second a dogmatic one.

The first part will take into consideration the principle stages of Roman legal history from the Law of the Twelve Tablets to the epoch of Justinian. In this context, while not neglecting some considerations on the constitutional changes, it will be analysed the evolution of the concept of law and its classifications (ius naturale, ius civile, ius gentium); the history of the pontifical and secular jurisprudence and its role on the law development; the relation between ius civile and ius honorarium;  the legislative enactments of the emperors in various forms; the vulgar law and post-classical sources; the codes in late antiquity. Special attention will be given to the Justinian age and to the compilation of the Corpus Iuris Civilis, which represents an experience of extraordinary importance for the world legal history. In detail: the figure of Justinian and his main collaborators; the first and the second Code; the Digest and the theories about his compilation; the Institutes; the Novels and their collections; the relation between Justinian law and classical law; the attention of the emperor to the theological problems and religious policy; the reform of the state between reconquest and routine.

The second part will take into consideration the fundamental institutions of Roman private law. The analysis of the law of persons will focus on the legal regulation of slavery in its historical evolution, the emergence of concepts of legal capacity and capacity to act, the problems related to the birth and death of an individual, the features and privileges of Roman citizenship and the effects of his grant to all the inhabitants of the empire. Special attention will be given to the singularity of Roman family centred on the figure of the pater familias; the marriage, the divorce and de facto unions; the legal status of children and the legitimation; the gradual emergence of a patrimonial autonomy of the descendents and the connected institutions; adoption and arrogation; guardianship and care. 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). As regards the successions, it will be presented the basic concepts: the general notions, to the various kinds of the succession and their relations, the testament, the legacies. Also it will be traced the evolution of the Roman civil procedure in its principal forms: the legis actiones, the formulary system and the cognitio extra ordinem. In this context more attention will be dedicated to the relation between substantive law and trial, the various kinds of actions and the role of praetor.

Readings/Bibliography

 D. DALLA, R. LAMBERTINI, Istituzioni di diritto romano, 3° ed., Giappichelli, Torino, 2006, pp. 482; except cap. II, par. 9; cap. III, parr.10, 14; cap. IV; cap.V parr. 9, 12, 13, 15; cap.VI, parr. 16, 22, 23, 24, 25, 26; cap. VII, parr. 8, 9, 12.

In addition to the mentioned text:

G. LUCHETTI, Materiali per un corso di storia del diritto romano. III. Dominato, Pàtron, Bologna, 2004, pp. 248;

or

R. BONINI, Introduzione allo studio dell'età giustinianea, 4° ed., Pàtron, Bologna,1985, pp.132.

 

Teaching methods

 We remind that the lessons will take place during the first 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 January, in 2015.

There are no preparatory courses for this course.

Guidelines for the international students within the Socrates-Erasmus programme
A specific programme for the international students within the Socrate-Erasmus programme will be indicated during a special meeting, the date of which will be set up at the beginning of the semester.

Assessment methods

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

- understand the fundamental institutions in Roman law;

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

Office hours

See the website of Giovanni Luchetti

See the website of Ivano Pontoriero