00536 - Institutes in Roman Law (M-Q)

Course contents

The course aims to offer students a basic understanding and a critical comprehension of the main principles of Roman private law, with a specific focus on its dogmatic structure and historical development. The course also stresses that the Roman law constitutes the historical and conceptual basis of many legal systems throughout the world and it is the most essential foundations of the civilian tradition. At the end of the course the student will be able to:
1) to understand the historical origin (in the social and economic context) of the main institutions of private law. 2) to understand the main important elements of legal reasoning, which have always considered essential to the hermeneutical knowledge of the lawyer 3) to understand the main logical techniques used by Roman lawyers in the scientific formulation of private law

Learning programme

An introduction to Roman private law (1 lesson)

- basic concepts of private law
- The relevance of Roman law to the knowledge od European legal systems
- periods of the law (4 lessons)

Sources of law and characteristics of private law
- the archaic law
- the classical law
- the post-classical law with a specific focus on the Justinian's law

Roman litigation (3 lessons)
- the clauses of formula
- the formulary system

Legal acts (3 lessons)
Theory of legal acts
- will, ""cause"" (causa), formal requirements
- fraud, duress, mistake
- conditions, ""time clause"" (dies),modus

Law of persons (3 lessons)
- capacity of persons
- position of slaves in law
- the law of the family
- Guardianship and curatorship

law of property (5 lessons)
- classifications of things
- rights in rem
- property (ownership)
- possession
- rights in rem less than ownership

law of obligations (7 lessons)
- The concept of obligation and her sources
- contractual liability
- general features of contracts
- real contracts
- verbal contracts
- contracts litteris
- consensual contracts
- innominate contracts
- quasi-contracts
- delicts
- termination of obligations

law of succession and gift 84 lessons)
- testamentary succession
- intestate succession
- gift"

Readings/Bibliography

Partecipating class students:

G. Santucci, Basi romanistiche di Istituti privatistici, Pesaro 2023, Intra Edizioni

- G. Santucci- S. Di Maria, Il sistema aperto del diritto romano. Antologia di testi, Terza edizione, Torino 2024, Giappichelli Editore

- Texts written down during the lessons

No partecipating class students:

- M. Marrone, Manuale di diritto privato romano, Giappichelli editore,Torino 2004(it isn't necessary the study of the following pages: 71-76;140-150).

- G. Santucci- S. Di Maria, Il sistema aperto del diritto romano. Antologia di testi, Terza edizione, Torino 2024, Giappichelli Editore

Teaching methods

Teaching will be developed into frontal classes

Assessment methods

The final examination will be written and oral.

The final examination is going to certifie that the student

- knows the Roman private law

- knows legal reasoning's skills.

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).

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

Teaching tools

nothing

Office hours

See the website of Gianni Santucci

See the website of Alvise Schiavon