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.
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).
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.
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.
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 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.
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.