Giurisprudenza | INSTITUTIONS OF ROMAN LAW

cod. 0160100076

INSTITUTIONS OF ROMAN LAW

	0160100076
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2017/2018

PERCORSO COMUNE

	YEAR OF COURSE 1
	YEAR OF DIDACTIC SYSTEM 2012
	PRIMO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/18	9	81	LESSONS	BASIC COMPULSORY SUBJECTS

	Objectives
	THIS TEACHING WILL INCREASE THE POTENTIALITIES AND THE PECULIARITIES OF THE SUBJECT FOR THE EDUCATION OF A MODERN JURIST. FOR THESE REASONS – ACCORDING TO AN HISTORICAL PERSPECTIVE, WHICH WILL TAKE INTO ACCOUNT THE EVOLUTION OF PRIVATE LAW AND ROMAN TRIAL FROM THE FOUNDATION OF TOME (VIII CENTURY B.C.) UNTIL THE DEATH OF EMPEROR JUSTINIAN (565 A.D.) – PARTICULAR ATTENTION WILL BE GIVEN TO THE CREATIVE ELEMENTS OF THE ROMAN JURIDICAL EXPERIENCE (LEGISLATION, INTERPRETATION, HONORARY ACTIVITY OF MAGISTRATES), ALSO MEANT AS A FOUNDATION OF THE EUROPEAN CIVIL LAW SYSTEM. KNOWLEDGE AND UNDERSTANDING: THE PURPOSE OF THE TEACHING IS TO GIVE THE STUDENTS A GENERAL KNOWLEDGE OF THE MAIN ROMAN PRIVATE LAW AND TRIAL LAW INSTITUTIONS, WHICH CONSTITUTE THE HISTORICAL COMMON ROOTS OF NOWADAYS LAW SYSTEMS BASED ON A CIVIL LAW TRADITION. ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING: THE PURPOSE OF THE CLASS IS TO TEACH THE STUDENTS TO USE BASIC TOOLS OF HISTORICAL AND LEGAL RESEARCH. IN PARTICULAR, THE TEACHING AIMS AT PROMOTING IN THE STUDENT THE ABILITY TO ANALYZE AND CRITICALLY/DIACRONICALLY INTERPET BOTH ROMAN AND CONTEMPORARY HISTORICAL AND LEGAL SOURCES, WITH SPECIAL REGARD TO THE PRIVATE LAW INSTITUTIONS CREATED BY ROMANS THAT ARE CLOSER TO THE ONES STILL PRESENT IN NOWADAYS LAW SYSTEMS.

THIS TEACHING WILL INCREASE THE POTENTIALITIES AND THE PECULIARITIES OF THE SUBJECT FOR THE EDUCATION OF A MODERN JURIST. FOR THESE REASONS – ACCORDING TO AN HISTORICAL PERSPECTIVE, WHICH WILL TAKE INTO ACCOUNT THE EVOLUTION OF PRIVATE LAW AND ROMAN TRIAL FROM THE FOUNDATION OF TOME (VIII CENTURY B.C.) UNTIL THE DEATH OF EMPEROR JUSTINIAN (565 A.D.) – PARTICULAR ATTENTION WILL BE GIVEN TO THE CREATIVE ELEMENTS OF THE ROMAN JURIDICAL EXPERIENCE (LEGISLATION, INTERPRETATION, HONORARY ACTIVITY OF MAGISTRATES), ALSO MEANT AS A FOUNDATION OF THE EUROPEAN CIVIL LAW SYSTEM. KNOWLEDGE AND UNDERSTANDING: THE PURPOSE OF THE TEACHING IS TO GIVE THE STUDENTS A GENERAL KNOWLEDGE OF THE MAIN ROMAN PRIVATE LAW AND TRIAL LAW INSTITUTIONS, WHICH CONSTITUTE THE HISTORICAL COMMON ROOTS OF NOWADAYS LAW SYSTEMS BASED ON A CIVIL LAW TRADITION. ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING: THE PURPOSE OF THE CLASS IS TO TEACH THE STUDENTS TO USE BASIC TOOLS OF HISTORICAL AND LEGAL RESEARCH. IN PARTICULAR, THE TEACHING AIMS AT PROMOTING IN THE STUDENT THE ABILITY TO ANALYZE AND CRITICALLY/DIACRONICALLY INTERPET BOTH ROMAN AND CONTEMPORARY HISTORICAL AND LEGAL SOURCES, WITH SPECIAL REGARD TO THE PRIVATE LAW INSTITUTIONS CREATED BY ROMANS THAT ARE CLOSER TO THE ONES STILL PRESENT IN NOWADAYS LAW SYSTEMS.

	Prerequisites
	NONE

	Contents
	INTRODUCTION AND LEGAL SOURCES - PRIVATE TRIAL - PEOPLE - FAMILY AND MATRIMONY - 'NEGOTIA GERERE' - BELONGINGS AND GOODS: REAL RIGHTS AND POSSESSION - OBLIGATIONS

	Teaching Methods
	THIS COURSE INCLUDES 81 HOURS OF CLASSES, WHICH WILL BE HELD IN ITALIAN AND ENRICHED WITH THE ANALYSIS OF TEXTS AND SOURCES IN LATIN, THAT WILL BE FULLY EXPLAINED. THE TEACHING WILL ALSO PROVIDE TUTORING AND SEMINARS REGARDING SPECIFIC TOPICS. PERIODICAL EVALUATIONS WILL ALSO TAKE PLACE, WHICH WILL INCLUDE STUDENTS THAT ARE WILLING TO PARTICIPATE: SUCH SESSIONS WILL NOT GRANT ANY EXONERATION ON THE EXAM PROGRAM, SINCE THEY ARE JUST A TOOL TO GIVE SUGGESTIONS AND STRATEGIES REGARDING THE METHOS AND THE SETTING OF STUDIES, IN ORDER TO STIMULATE THE CRITICAL PARTICIPATION OF STUDENTS. CLASSES ATTENDANCE IS NOT MANDATORY.

Teaching Methods

THIS COURSE INCLUDES 81 HOURS OF CLASSES, WHICH WILL BE HELD IN ITALIAN AND ENRICHED WITH THE ANALYSIS OF TEXTS AND SOURCES IN LATIN, THAT WILL BE FULLY EXPLAINED. THE TEACHING WILL ALSO PROVIDE TUTORING AND SEMINARS REGARDING SPECIFIC TOPICS. PERIODICAL EVALUATIONS WILL ALSO TAKE PLACE, WHICH WILL INCLUDE STUDENTS THAT ARE WILLING TO PARTICIPATE: SUCH SESSIONS WILL NOT GRANT ANY EXONERATION ON THE EXAM PROGRAM, SINCE THEY ARE JUST A TOOL TO GIVE SUGGESTIONS AND STRATEGIES REGARDING THE METHOS AND THE SETTING OF STUDIES, IN ORDER TO STIMULATE THE CRITICAL PARTICIPATION OF STUDENTS.
CLASSES ATTENDANCE IS NOT MANDATORY.

	Verification of learning
	THE EXAMINATION WILL BE ORAL. IN THE EVALUATION OF THE TEST THE EXAMINER WILL TAKE INTO ACCOUNT ORAL EXPOSITION SKILLS AND IN PARTICULAR THE STUDENT’S LANGUAGE, KNOWLEDGE OF THE TOPICS LISTED IN THE COURSE PROGRAM AND REASONING SKILLS WITH RELATION TO THE QUESTION GIVEN, WITH PARTICULAR ATTENTION TO THE FOLLOWING ELEMENTS: A) AUTONOMY OF JUDGEMENT: GAINING THE SKILL TO CRITICALLY INTERPRET LEGAL ISSUES, INSERTING THEM IN THE SPECIFIC HISTORICAL AND CULTURAL CONTEXT, IN ORDER TO DEVELOP AN AUTONOMOUS CAPACITY OF EVALUATION, ELABORATION AND PROBLEM SOLVING; B) COMMUNICATION SKILLS: ACQUISITION AND USE OF AN APPROPRIATE LEGAL LEXICON; C) LEARNING SKILLS: ACQUISITION AND MASTERY OF THE MAIN HERMENEUTICAL TOOLS OF LAW AND VARIOUS ARGUMENTATIVE TECHNIQUES.

Verification of learning

THE EXAMINATION WILL BE ORAL. IN THE EVALUATION OF THE TEST THE EXAMINER WILL TAKE INTO ACCOUNT ORAL EXPOSITION SKILLS AND IN PARTICULAR THE STUDENT’S LANGUAGE, KNOWLEDGE OF THE TOPICS LISTED IN THE COURSE PROGRAM AND REASONING SKILLS WITH RELATION TO THE QUESTION GIVEN, WITH PARTICULAR ATTENTION TO THE FOLLOWING ELEMENTS: A) AUTONOMY OF JUDGEMENT: GAINING THE SKILL TO CRITICALLY INTERPRET LEGAL ISSUES, INSERTING THEM IN THE SPECIFIC HISTORICAL AND CULTURAL CONTEXT, IN ORDER TO DEVELOP AN AUTONOMOUS CAPACITY OF EVALUATION, ELABORATION AND PROBLEM SOLVING; B) COMMUNICATION SKILLS: ACQUISITION AND USE OF AN APPROPRIATE LEGAL LEXICON; C) LEARNING SKILLS: ACQUISITION AND MASTERY OF THE MAIN HERMENEUTICAL TOOLS OF LAW AND VARIOUS ARGUMENTATIVE TECHNIQUES.

	Texts
	A.LOVATO, S.PULIATTI,L.SOLIDORO MARUOTTI, DIRITTO PRIVATO ROMANO, TORINO, 2014 - UP TO PAGE 625 SUGGESTED: A. BOTTIGLIERI, E. GERMINO, IL DIRITTO PRIVATO DEI ROMANI.ANTOLOGIA DI FONTI, VOL.I, NAPOLI,2012