The content of the course is an analysis on the founding role of Roman juridical experience in the construction of European law, with attention to casuistic method and jurisprudential dimension. Through the reading of ancient testimonies, the course will deal with the categories of legal subjectivity, family and personal relationships, obligatory and patrimonial relations, and especially non-contractual liability.
ATTENDING STUDENTS:
class notes and learning materials distributed.
NOT ATTENDING STUDENTS:
the not attending students may use, at their option, one of the following texts:
- A. Corbino, Il danno qualificato e la lex Aquilia: corso di diritto romano, II ed., Padova, Cedam, 2008;
or
- L. Solidoro Maruotti e altri (a cura di), Il diritto romano caso per caso, Torino, Giappichelli, 2018.
WARNING: the program here indicated regards the 6 CFU exam.
The program of the 12 CFU exam for NOT ATTENDING STUDENTS (until a.a. 2011-12) is indicated at this link ("schedule" and "books"): https://www.giurisprudenzamagistrale.unifi.it/p-ins2-2011-298170-0.html
Learning Objectives
The course sets itself the objective of offering to the future jurist the interpretative tools borrowed from the categories of Roman Law, that founded modern juridical science. In particular, it will provide to students a valid method for historical-comparative research, with which recognize the role of roman legal experience in the construction of modern private institutes.
Prerequisites
To take the exam must have passed: General Constitutional Law, Private Law I. It is, also, highly recommended to take the exam of Institutions of Roman Law.
Teaching Methods
The teaching is conducted through lectures for 48 hours. The lectures, using the direct study of the testimonies of classical jurists, will retrace the case-law method developed by roman jurisprudence, able to individuate the juridical rule based on the solution of the single practical case. The student will be encouraged to face the logical-argumentative paths suitable to build a case-law system.
Further information
WARNING: the program here indicated regards the 6 CFU exam.
The program of the 12 CFU exam for NOT ATTENDING STUDENTS (until a.a. 2011-12) is indicated at this link ("schedule" and "books"): https://www.giurisprudenzamagistrale.unifi.it/p-ins2-2011-298170-0.html
CLASS REGISTRATION
The students that will attend the course and take the exam using the program for ATTENDING STUDENTS have to register on Moodle platform (using their academic credentials: serial number and password), in terms indicated in class during the first lesson. The collection of presences of the attending students will be made for each lesson by nominal casual appeal. Will not be consented more than 4 non-justified absences.
GRADUATE THESIS
The student that will graduate in Institutions of Roman Law and Roman Law has to agree with the professor, preferably between the third and the fourth year, a curriculum that includes the free-credits teachings and the other training activities aimed to the performance of the theme of the thesis.
In any case, the curriculum has to contemplate the romanistic teachings imparted at our Department, namely History of roman constitution (6 cfu) and History of roman legal thought (6 cfu).
Because of the specificity of romanistic thesis, build on the direct analysis of the fonts of roman law, is necessary by the candidate a sufficient comprehension of latin language.
Type of Assessment
The type of assessment will consist in an oral examination, that will aim to value the knowing and the comprehension of the institutes of the roman private law, matched with the categories of juridical subjectivity, law of persons and of family. Wil be appreciated, also, the mastery of technical-juridical language and the capacity of logical-argumentative reasoning.
For ATTENDING STUDENTS the exam will regard all the themes and the institutes discussed at lessons. During the oral examination the attending student will use, as a support, the materials distributed at lessons and uploaded on Moodle platform.
For NON ATTENDING STUDENTS the exam will focus on all the arguments covered in the text optioned by the student.
Course program
The program of the course, which will be developed through a survey supported by the reading of ancient testimonies, will investigate the foundational presence of Roman law in the construction of the European tradition and legal system. Using the casuistic method of the experience of ancient Rome, the course will take as its object the most significant aspects related to legal subjectivity, family and personal relationships, potestative dynamics, obligatory and patrimonial relations, with particular reference to the profiles of non-contractual liability. Attending students will build their preparation for the exam using class notes and didactic material distributed.