B2319 - DIRITTO COMUNE (PIANO ITALO-FRANCESE It)

Learning outcomes

At the end of the lessons the student knows the development of civil law institutes between Middle and Modern Ages, the period in which juridical systems of continental Europe were organized on the dynamics of the system of the ius commune. It is a technical course, which aims to direct students to a critical comprehension of actual codified civil law.

Course contents

• the so-called Roman-canonical trial, in its ordinary and summary forms, used to settle disputes between the late Middle Ages and the Modern Age;
• the mercantile rite, applied by the curiae mercatorum to settle disputes between merchants;
• criminal judgments between prosecution and inquisition;
• arbitration

Secondly, the course intends to show how even today, in some realities (San Marino, South Africa, Scotland) magistrates are called upon to resolve disputes by resorting to a plurality of sources - including the ius commune -according to that model of coexistence and co-vigence of sources that has characterised medieval and modern Europe. It will be analysed how this model, even in contemporary times, is able to offer correct and and effective solutions.

Readings/Bibliography

Examination preparation is differentiated between attending and non-attending students.

Attending students

For attending students, the examination will focus exclusively on the topics covered during the course. The methods for verifying attendance will be communicated during the first week of class.

Non-attending students

For non-attending students, the examination programme will be based on the compulsory study of the following texts:

1) A. Padovani, Il processo romano-canonico classico. Linee di svolgimento e caratteri fondamentali, Venezia, Marcianum Press, 2024

2) A. Marchisello, Ordinata celeritas: il rito sommario nel Trecento tra lex e interpretatio, in Diritto particolare e modelli universali nella giurisdizione mercantile (secoli XIV-XVI), a cura di P. Bonacini e N. Sarti, Bologna 2008, 13-43.

The essay will be made available to students on the teaching page (https://www.unibo.it/sitoweb/alessia.legnani/didattica/programma/2024/407096).

3) A. Legnani Annichini, Le specificità del rito mercantesco bolognese, in Diritto particolare e modelli universali nella giurisdizione mercantile (secoli XIV-XVI), a cura di P. Bonacini e N. Sarti, Bologna 2008, pp. 73-94.

The essay will be made available to students on the teaching page (https://www.unibo.it/sitoweb/alessia.legnani/didattica/programma/2024/407096).

4) A. Legnani Annichini - Gianni Santucci, Lex generalis omnium. Un diritto del passato nel presente, Mucchi, Modena, 2023, i soli saggi

- A Legnani Annichini, Argomentare secundum ius commune: alcuni esempi sammarinesi, pp. 63-78

- G. Santucci, Il valore normativo del diritto romano nei Mixed Legal Systems, pp. 81-106

- S. Di Maria, L'uso del diritto romano e della sua tradizione nella giurisprudenza italiana, pp. 167-178.

Essays of the special part will be made available on the Mucchi editor page (https://mucchieditore.it/prodotto/lex-generalis-omnium-un-diritto-del-passato-nel-presente/)

Erasmus
Foreign students that are partecipating in the Socrates-Erasmus program should prepare their oral examination reading M. Bellomo, The common legal past of Europe 1000-1800, Washington D.C. 1995.

Integrating exams which students who have moved from other Courses

The programme for integrating exams which students who have moved from other Courses needed to take is planned with each individual student on the basis of the programme completed and on the CFU necessary.

Teaching methods

Teaching will be developed into frontal classes in which it will be discussed the systematic presentation of the topics covered by the Course.

During the lessons the students can confront with some practical applications of ius commune in the contemporary jurisprudence.

Lessons in Common Law, to be held in the first semester, will be delivered in presence.

Assessment methods

Please note that classes will be held in the I semester, so those who obtain attendance certificates in the current year will be able to take the exam from the first call of the winter session.

 

The final examination will be oral.

The final examination is going to certifie that the student

- knows the history mode of operation of the ius commune-iura propria dialectics, also through thematic research programmes planned for this academic year

- knows the importance of an historical background in the knowledgement of nowdays jurists

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).

 

The thesis

The thesis, intended for a detailed study of institutes, people and precise moments from juridical medieval and modern history, will be assigned to those students who show a clear interest in the historical-juridical educational path.

Requests from those students who decline to dedicate the necessary time to make thesis elaboration a constructive experience will not be accepted.

Teaching tools

The course is completely supported by Microsoft Powerpoint.

For a better preparation it is suggested to download the didactic material that will be put on the course page (https://www.unibo.it/sitoweb/alessia.legnani/didattica/programma/2024/407096)

Students who for reasons dependent on disabilities or specific learning disorders (SLDs) require compensatory tools may notify the teacher of their needs so that they can be referred to the contact persons and agree on the adoption of the most appropriate arrangements.

 

Office hours

See the website of Alessia Legnani Annichini