Unit HISTORY AND INSTITUTES OF ROMAN LAW

INSTITUTES OF ROMAN LAW

Code	A000112
CFU	6
Learning activities	Base
Area	Storico-giuridico
Academic discipline	IUS/18
Type of study-unit	Obbligatorio (Required)

Cognomi A-L

CFU

6

Teacher

Teachers

• Carlo Lorenzi (Codocenza)

Hours

• 42 ore (Codocenza) - Carlo Lorenzi

Language of instruction

Italian

Contents

Private roman law of the four periods of the roman history: monarchy, republic, principate, dominate. Legal acts; Roman civil trial; law of persons and family; real rights; law of contracts; the delicts according to the ius civile and the praetor's edict. Law of succession (elements).

Reference texts

DALLA D.-LAMBRTINI R., Istituzioni di diritto romano, III ed., Giappichelli, Torino 2006.

Educational objectives

Knowledge of the institutes of the Roman civil law and procedure. Acquisition of skills in the use of terminology and legal categories. Development of the analytical capacity of legal issues.

Prerequisites

Nessuno

Teaching methods

Front lecturing.

Other information

Seminars and integrative readings can be agreed with attending students. Students reception.

Learning verification modality

Final exam

Extended program

Roman private law in the four periods of the roman history: monarchy (753-509 BC), republic (509-31 BC), principate (31 BC-285 AD), dominate (AD 285-565). Legal acts and the status of persons within the legal system: status libertatis, civitatis, familiae (persons sui iuris (patres familias) and alieni iuris subiectae (filii familias), actiones adiecticiae qualitatis (=actions against filii familias and slaves to protect the creditors of those persons iuris subiectae), legal persons. Roman civil trial: legis actiones (agere = to proceed against somebody pronouncing predefined formulas), lawsuit per formulas (agere=to proceed against somebody pronouncing formulas set by the magistrate which can be changed), since the second half of the third century BC.; cognitio extra ordinem (new form of process after the enactment of the lex Iulia of 17 BC, which reformed the ordo (=system) iudiciorum privatorum (=agere per formulas)). Family law (marriage, divorce, emancipation, adoption, different kinds of protection of the persons sui iuris younger than fourteen years or twentyfive years). The goods. Rights on the res = on the good = real rights: 1) the right on own good (various forms of property) and the right to use other's good (=ius in re aliena: praedial servitude (praedium = estate), usufruct, quasiusufrutto, surface, ground rent), 2) assurance (fiducia cum creditore=to guarantee the creditor transfering him an estate free of charge, pledge and mortgage). Modes of acquisition of real rights. Protection of property and formula arbitraria (relative to a kind of lawsuit based on the order of the private judge to the defendant to restitute the owed good). Possession and protection of possession. Definition of obligation; sources of obligations (contracts and crimes first, then contracts, crimes and other kind of causes, finally, contracts, crimes, quasi-contracts and quasi-delicts). Classification of contracts (based on the good's delivery, on a oral form, on a written form, on mutual consent without any form); covenants. Delicta: distinction between delict=delictum (private prosecution with a lawsuit) and crime (prosecution with a criminal trial). The delicts punished according to ius civile, the delicts punished according to edict of the praetor. Guarantees; ways of extinguishing obligations, criteria of liability of the debtor (intent, negligence, custody). Elements of inheritance law.

Cognomi M-Z

CFU

6

Teacher

Teachers

• Carlo Lorenzi (Codocenza)

Hours

• 42 ore (Codocenza) - Carlo Lorenzi

Language of instruction

Italian

Contents

Private roman law of the four periods of the roman history: monarchy, republic, principate, dominate. Legal acts; Roman civil trial; law of persons and family; real rights; law of contracts; the delicts according to the ius civile and the praetor's edict. Law of succession (elements).

Reference texts

DALLA D.-LAMBRTINI R., Istituzioni di diritto romano, III ed., Giappichelli, Torino 2006.

Educational objectives

Knowledge of the institutes of the Roman civil law and procedure. Acquisition of skills in the use of terminology and legal categories. Development of the analytical capacity of legal issues.

Prerequisites

Nessuno

Teaching methods

Front lecturing.

Other information

Seminars and integrative readings can be agreed with attending students. Students reception.

Learning verification modality

Final exam

Extended program

Roman private law in the four periods of the roman history: monarchy (753-509 BC), republic (509-31 BC), principate (31 BC-285 AD), dominate (AD 285-565). Legal acts and the status of persons within the legal system: status libertatis, civitatis, familiae (persons sui iuris (patres familias) and alieni iuris subiectae (filii familias), actiones adiecticiae qualitatis (=actions against filii familias and slaves to protect the creditors of those persons iuris subiectae), legal persons. Roman civil trial: legis actiones (agere = to proceed against somebody pronouncing predefined formulas), lawsuit per formulas (agere=to proceed against somebody pronouncing formulas set by the magistrate which can be changed), since the second half of the third century BC.; cognitio extra ordinem (new form of process after the enactment of the lex Iulia of 17 BC, which reformed the ordo (=system) iudiciorum privatorum (=agere per formulas)). Family law (marriage, divorce, emancipation, adoption, different kinds of protection of the persons sui iuris younger than fourteen years or twentyfive years). The goods. Rights on the res = on the good = real rights: 1) the right on own good (various forms of property) and the right to use other's good (=ius in re aliena: praedial servitude (praedium = estate), usufruct, quasiusufrutto, surface, ground rent), 2) assurance (fiducia cum creditore=to guarantee the creditor transfering him an estate free of charge, pledge and mortgage). Modes of acquisition of real rights. Protection of property and formula arbitraria (relative to a kind of lawsuit based on the order of the private judge to the defendant to restitute the owed good). Possession and protection of possession. Definition of obligation; sources of obligations (contracts and crimes first, then contracts, crimes and other kind of causes, finally, contracts, crimes, quasi-contracts and quasi-delicts). Classification of contracts (based on the good's delivery, on a oral form, on a written form, on mutual consent without any form); covenants. Delicta: distinction between delict=delictum (private prosecution with a lawsuit) and crime (prosecution with a criminal trial). The delicts punished according to ius civile, the delicts punished according to edict of the praetor. Guarantees; ways of extinguishing obligations, criteria of liability of the debtor (intent, negligence, custody). Elements of inheritance law.

HISTORY OF ROMAN LAW

Code	A000111
CFU	6
Learning activities	Base
Area	Storico-giuridico
Academic discipline	IUS/18
Type of study-unit	Obbligatorio (Required)

Cognomi A-L

CFU

6

Teacher

Marialuisa Navarra

Teachers

• Marialuisa Navarra

Hours

• 42 ore - Marialuisa Navarra

Language of instruction

ITALIAN

Contents

Roman constitution, administration, criminal law, sources of law.

Reference texts

G. CRIFÒ, Lezioni di storia del diritto romano, Monduzzi, Bologna 2010

Educational objectives

Knowledge of roman public law and sources of  Roman Law. Ability to use appropriate terminology and legal categories.

Prerequisites

In order to understand the topics of the course and to achieve the aims of the learning, students must have a basic general culture and an essential knowledge in anciente history.

Teaching methods

Face-to-face; projections of slides.

Other information

An optional mid-term test will be given in Dicember, January and April.

Learning verification modality

The exam consists in an oral test aimed to verify knowledge and understanding of the topics of the subject, as well as to evaluate the ability in reasoning and argumenting. The duration of the test may vary according to the ability of the student. Attending students, if so desire, can make a supplementary reading  which will be taken into consideration in the final evaluation.

Extended program

The subject is divided into two semesters. The first half will trace the historical developments from its origins (the eighth century BC) to Justinian (sixth century AD) of the constitution, the administration, the criminal law and the sources of Roman law.

Cognomi M-Z

CFU

6

Teacher

Stefano Giglio

Teachers

• Stefano Giglio

Hours

• 42 ore - Stefano Giglio

Language of instruction

Italian

Contents

Roman public law. Monarchy (753-509 BC), republic (509-31 BC), principate (31 BC-285 AD), dominate (285-565 AD). 
Constitution, organs, forms of government, justice.

Reference texts

G. Crifò and others, Lezioni di storia del diritto romano, V ed., Monduzzi ed., Bologna 2010.

Educational objectives

Knowledge of roman public and privat law (in the four periods of roman history: monarchy, republic, principate, dominate) as the foundation of modern European rights. Ability to use appropriate terminology and legal categories.

Prerequisites

In order to understand the topics of the course and to achieve the aims of the learning, students must have a basic general culture and an essential knowledge in anciente history.

Teaching methods

Lectures

Learning verification modality

The exam consists in an oral test aimed to verify knowledge and understanding of the topics of the subject, as well as to evaluate the ability in reasoning and argumenting. The duration of the test may vary according to the ability of the student. There will be a mid-term test from January to September of the academic year.

Extended program

Roman public law. Monarchy (753-509 BC), republic (509-31 BC), principate (31 BC-285 AD), dominate (285-565 AD). 
CONSTITUTION, ORGANS, FORMS OF GOVERNMENT. 
Monarchy: city-state foundation; latin monarchy; etruscan monarchy; kings and king's auxiliaries, senate, curiate assembly, centurial assembly, priesthoods. 
Republic: tradition of Livy (partially unreliable): the first two consuls in 509; the current doctrine: 509 to 451 not collegiate magistracie, comitia with voting power only for the criminal trial (provocatio ad populum), 451-450: legislative decemvirate (first collegiate magistracie of the people) and laws of the twelve tables; 449, the first pair of consuls and valeriae-horatiae leges; 449-367, creation of the other magistracies of the people (censors, quaestors, praetor, curule aediles); 242, creation of the second praetor (praetor peregrinus); Senate and senatus consulta (formally binding financial and foreign policy); creation of the tribute assembly (late sixth or early fourth century BC?): togheter with centurial assembly and plebeian council act laws, elect magistrates, judge (provocatio ad populum ); priesthoods (pontiffs, fetials and augurs); 494-449, magistracies of the plebs (plebeian aediles and tribunes of the plebs); 509-287, equalization process between patricians and plebeians (the laws of the twelve tables and laws valeriae-horatiae (449), canuleia (445), liciniae-sextiae (367), publilia philonis (339), valeria and ogulnia (300) and 287 (hortensia)); conquest of Italy (493-275 BC); conquest of the Mediterranean and Western Europe (265-31 BC); Sicily first province (241), organization of the provinces. Lex iulia (90 BC) and lex plautia papiria (89 BC) extend citizenship to all Italici. Crisis of the republic (social, economic and institutional): 133-31 BC. 
Principate: 31 BC battle of Actium, Octavian becomes Augustus and assums the powers from that time tipical of the prince (23 BC: imperium maius et infinitum, tribunicia potestas, auctoritas) and places himself at the top of the republican constitution (senate, magistracies, comitia). New central and local offices with delegated power by the prince; division of the empire into imperial and senatorial provinces; constitution of Caracalla, 212 AD (citizenship to (almost) all provincials). Lex de imperio (senate+people) and succession to the throne: crisis. 
Dominate: reforms of Diocletian (disappearance of the lex de imperio, consistory, tetrarchy, edict of prices, new tax system, division of the empire into prefectures, dioceses and provinces) and Constantine (final structure of the central offices and so-called Edict of Milan (313 AD)). The prince becomes dominus and the holder of power is no more conceived as delegated through the lex de imperio by the people, but directly by God. The imperial constitutions become technically leges (laws). 
SOURCES OF LAW 
Monarchy: jus as civil law (in civitate positum) composed by regiae leges (given to the people gathered in comitia) and customs and institutes of the ancestors as unwritten law interpreted by the pontiffs (their monopoly). 
Republic: 509-451, leges given to the people by a not collegiate magistracie; 451-450, laws of the Twelve Tables as first laws passed by the people, 449-, leges rogatae (=read by the magistrates and approved by the people), customs (=mores) and institutes of the ancestors (=instituta maiorum) interpreted by the pontiffs; senatus consulta; process of secularization of the jurisprudence (= science of law, doctrine), the responsa of lawyers, edicts of praetors and curule aediles ('annual laws') as creators of the ius honorarium (litterally= law made by the magistracies), which correct the ius civile with a new form of lawsuit. 
Principate: laws of assemblies survive not long; imperial constitutions; senatus consulta; publication of the definitive text of the edict of the praetor (Adrian instructs Salvio Giuliano, about 130 AD.); classical jurisprudence: the so-called jus respondendi (=the power to give responsa (=binding opinions)), the responsa of lawyers, lawyers' schools, scientific and literary activity, the rescript of Hadrian, abolished by the so-called 'Law of citations' (Theodosian Code 1.4.3). 
Dominate: iura (all existing law except the laws of the dominate's emperors) and leges (laws of the dominate's emperors) as authoritative sources; imperial law as the only source which still create law; the rescripts (written emperor's opinions in response to privates' requests) secundum ius (in accordance with the law) survive; jurisprudence is no longer independent and works only for the emperor. Sources of knowledge of law: collections of laws, Theodosian Code (439 AD) and Justinian (534), collections of works of jurisprudence, Digest, Institutes of Justinian (533 AD) and Summary of case law and anonymous works on classical lawyers(IV-VI sec. AD). 
LAWSUIT (see the programm f Institutions of roman law) 
Legis actiones (litterally=to sue according to the procedure established by the law): archaic period: finally abolished by Augustus in 17 BC; lawsuit so-called per formulas (mid-third century BC-third century AD), lawsuit (cognitio) extraordinem=outside the ordo iudiciorum (the procedural system (per formulas) reformed by Augustus in 17 BC). 
CRIMINAL TRIAL 
the kings conduct the trial in front of the comitia curiata; lex valeria of 509 BC: provocatio ad populum as a trial in front of the comitia curiata; twelve tables and lex valeria horatia de provocatione of 449: provocatio ad populum as a trial in front of the comitia centuriata (and tribute?); lex Valeria of 300: in front of the comitia centuriata and tributa); quaestiones perpetuæ (149 BC-late second century AD) as criminal trials in front of a jury under the chairmanship of a magistrate: the judges must have a census of 400,000 sesterces (200,000 in principate): the sistem is reformed by the lex iulia iudiciorum publicorum of 17 BC; from that time cognitio extra ordinem (iudiciorum publicorum)= new kind of criminal procedure as regards quaestiones perpetuae(= publica iudicia).