The course of Institutions of Roman Law (E-N) aims to provide a general overview of the Roman Private Law, in his historical genesis, in his institutional development, in his capacity of marking the construction of the legal categories of modernity.
Course Content - Last names A-D
1) Elements of general theory of private law in relation to Roman experience 2) The periodization of Roman private law 3) Subjects, objects and legal relationships 4) The civil trial 5) The negotiation deeds of the ius privatum 6) The succession 7) All the absolute relationships of the ius privatum 8) The relative relations of the ius privatum.
Course Content - Last names O-Z
The course aims to provide a general knowledge of Roman private law, in the context of the Roman legal history, with particular attention to the diachronic perspective on the reconstruction of institutions. We through, moreover, constant contact with the sources.
ATTENDING STUDENTS Prof.ssa Giunti (E-N):
- class notes;
and also
- M. Talamanca, Elementi di diritto privato romano, II ed., Milano, Giuffrè, 2013 (only pages indicated during the course).
NON ATTENDING STUDENTS Prof.ssa Giunti (E-N):
- M. Talamanca, Elementi di diritto privato romano, II ed., Milano, Giuffrè, 2013 (whole book).
Attendings Students
M. Talamanca, Elementi di diritto privato romano, II ed., Giuffrè, 2013 (per le sole parti indicate a lezione).
- A. Palma, Il luogo delle regole. Riflessioni sul processo civile romano, Giappichelli, 2016 (questo testo sarà sostituito per gli studenti frequentanti con un altro sulla cittadinanza di prossima pubblicazione sempre di Antonio Palma)
NO ATTENDINGS STUDENTS
- M. Talamanca, Elementi di diritto privato romano, II ed., Giuffrè, 2013 (per intero).
ed inoltre
- A. Palma, Il luogo delle regole. Riflessioni sul processo civile romano, Giappichelli, 2016.
A) For non-attending students:
- A. SCHIAVONE (ed.), Storia giuridica di Roma, Torino, 2016, pp. 5-59; 73-204; 231- 345; 371-469
- L. LANTELLA, E. STOLFI (a cura di), Profili diacronici di diritto romano, Torino, 2005, pp. 27-156; 208-226;
- as a useful support to learning, it is suggested to consult the Institutiones of Gaius, in the edition of B. SANTALUCIA (ed.), Antologia delle Istituzioni di Gaio, Bologna, 2005;
B) For attending students:
- Class notes;
- A. Schiavone (a cura di), Storia giuridica di Roma, Giappichelli, Torino, 2016 pages indicated during the course.
For attending students, the topics covered by guests invited to the course will be part of exam.
Learning Objectives
The course of Institutions of Roman Law aims to improve in the student the knowledge of the experience of Private Roman Law, caught in the necessary historicity of the legal phenomenon.
In this way the course aims to increase the ability of the student to contextualize historically the legal data and to understand the profiles of integration between the past legal experience and the actual legal system.
The competence developed will allow the student to appreciate the moments of jurisprudence creation of law and the interpretative-creative role of the jurist. The constant dialogue between the past and modern legal institutes will strengthen the consciousness of the student with regard to the historicity of social regulation phenomena.
Learning Objectives - Last names A-D
2) The course aims to provide students with a complete knowledge of the Roman legal system in relation to private law. Furthermore, the course aims to deepen: a) the relationship between the Roman civil process and the overall system of ancient sources with particular attention to leges; b) the pluriformizing constitutive aspect of the sources of the law and the role of the interpretatio iuris in correlation with the pretoria iurisdictio and the iudicatio of the judge of the deciding phase or apud iudicem; c) the relationship between the regula iuris intended as the decision-making node of the concrete case and a system of general rules with an abstract case drawn up by the jurists, also as a function of control of judicial practice; d) the connection between a system of rules of casuistic derivation but of a general structure with the alternation of a jurisprudential thought that finds its most fruitful manifestation in controversiality. This will be done by always paying particular attention to the present, through one constant tension towards a controlled diachronic examination between ancient and contemporary juridical experience.
Learning Objectives - Last names O-Z
The course aims the goal to guide the student through the training path of the Roman legal system and its evolution, until the establishment of the conceptualizations that form the basis of modern private law legal systems, always emphasizing, in a properly historical perspective , the historical and institutional peculiarities of the Roman private law, as well as the direct relationship with the sources.
Prerequisites - Last names A-D
To take the examination of merit and ask for the thesis the teacher does not impose any prerequisites except those provided by the University regulations and the department. Also those who want to apply for the thesis but did not do Latin in high school can contact the teacher for advice on the best traditions of the individual sources that are believed to have to use.
Prerequisites - Last names O-Z
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Teaching Methods
The teaching is conducted through lectures for 72 hours. The lectures, using the historical-systematic method, will describe the contents of Roman private law (subject of law, legal acts and facts, property, possession, obligations, family law, inheritance law and donations, civil process), valorizing the profiles of continuity with the modern private institutes. To this end, will be used in class the consultation of current civil code, as well as the distribution of learning material as a support.
Teaching Methods - Last names A-D
Teaching takes place through lectures, exercises and conferences. Teaching materials will be distributed to the attending students through the Moodle platform.
Teaching Methods - Last names O-Z
Frontal teaching lessons and classroom exercises for a total of 72 hours.
During the frontal teaching lessons, students' interventions on the topics being discussed will be particularly encouraged and critical discussion on the topics will be promoted.
In addition, innovative teaching tools will be used, through the use of Moodle platform.
In particular:
- during the course, short multiple-choice questions will be proposed in the classroom; it will be possible to answer easily and anonymously, in order to evaluate the progress of understanding the topics covered;
- during the second part of the course, students will be assigned sources containing the treatment of legal cases to be analyzed in a group. The result of the work of all the groups will then be discussed in the classroom.
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.
Further information - Last names A-D
The teacher is available to the student for any need and can be contacted as well as reception also via institutional e-mail
Further information - Last names O-Z
The subscription at course of attending students will take place through the Moodle platform. The presence in class will be verified through a roll call on a random basis. A maximum of 4 absences will be allowed.
During each lesson will be projected slide relating to any field of the course. It will be, in part, summary slide, useful to follow the course topics, for the major part slides containing ancient sources, which will be an integral part of the discussion of topics related to the course. The slides will be distributed through the Moodle platform.
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 be divided in two parts: the first part will regard two questions on the arguments covered in the text, the second part will regard two questions on all the themes and the institutes discussed at lessons.
For NON ATTENDING STUDENTS all the questions the exam will focus on the arguments covered in the text.
Type of Assessment - Last names A-D
Oral profit examination
Type of Assessment - Last names O-Z
The exam will be an oral exam, which will aim to assess the mastery acquired by the student relative to the entire framework of the legal system. Not secondary objective will be to verify the student's ability to understand the peculiarities of the Roman legal system and its history, demonstrating a critical and aware approach to the proposed concepts.
During the examination attending student can benefit of the support of the slides containing ancient sources distributed at the course. The exam will focus on all the topics covered during the course; the number of questions will depend on the trend of exam, varying according to the extent to which it will be possible to evaluate the student's preparation based on the answers received.
Course program
The course of Institutions of Roman Law (E-N) aims to provide an overview of the Roman Private Law and its relevant institutions, formation and development. In particular, the program includes: Roman Private Law and its source, subject of law, legal acts and facts, property, possession, obligations, family law, inheritance law and donations, civil process.
Course program - Last names A-D
The course of Institutions under Roman law aims to provide students with the knowledge of Roman private law, in the more general context of Roman legal history (history of normative sources and the Roman constitution). In order to enhance both the systematic-institutional and historical perspective of the juridical phenomenon in ancient Rome, the institutes will be studied in their formation and in their evolution, as a product of the work of Roman jurisprudence (in particular from the ancient popes to the jurists severiani), of the judicial magistrates (in particular of the praetor) and of the legislation (from the communitarian rule up to the imperial one). Therefore we will observe the crystallization of the institutes themselves in that network of abstract concepts and categories which still constitute the backbone of the legal systems of positive private law. During the course we will deal in particular with the Roman trial, with the real rights, with the law of obligations, with family law and with succession law, in continuous contact with the sources
Course program - Last names O-Z
The course of Institutions of Roman Law aims to provide students with the knowledge of the Roman private law, in the more general context of Roman legal history (the history of the Roman sources of law and constitution). In order to enhance both the systemic and institutional perspective, the institutes will be studied in their formation and in their evolution, as a product of the Roman law (in particular, by the ancient popes up to the lawyers Severan), of magistrates (in particular the pretor) and legislation (from seizure legislation up to the imperial one). Then we will observe the crystallization of the same institutions in that network of abstract concepts and categories which constitute, even in the present, the backbone of the legal systems of positive private law. During the course we will cover in particular the Roman trial, the law of property, the law of obligations, family law and inheritance law, in a continuous contact with the sources.