Unit HISTORY AND INSTITUTES OF ROMAN LAW

INSTITUTES OF ROMAN LAW

Code	A000112
Location	PERUGIA
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 Law of persons, succession, things, obligations, procedure.

Reference texts

M. MARRONE, Manuale di diritto privato romano, Giappichelli, Torino 2004
or
M. TALAMANCA, Elementi di diritto privato romano, Giuffrè, Milano 2013

Educational objectives

Basic 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

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

For information on support services for students with disabilities and / or DSA visit
http://www.unipg.it/disabilita-e-dsa

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 course is divided into two semesters. The second half will be focus on persons, property, obligations and procedure. Short notes on succession mortis causa. Direct contact with sources (also in Italian translation proposals) will introduce the knowledge of certain structures of legal reasoning, the principles and values that have guided the Roman jurists.

Cognomi M-Z

CFU

6

Teacher

Carlo Lorenzi

Teachers

• Carlo Lorenzi

Hours

• 42 ore - 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;
or, alternatively, at the student's choice,
TALAMANCA M., Elementi di diritto privato romano, II ed., Giuffrè, Milano 2013.

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

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

Front lecturing.

Other information

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

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.
For information on support services for students with disabilities and / or SLD, visit http://www.unipg.it/disabilita-e-dsa

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
Location	PERUGIA
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, excluding §§ 26-29 (pp. 101-119) and §§ 76-82 (pp. 366-406)

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

Per informazioni sui servizi di supporto agli studenti con disabilità e/o DSA visita la pagina http://www.unipg.it/disabilita-e-dsa

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

Carlo Lorenzi

Teachers

• Carlo Lorenzi

Hours

• 42 ore - Carlo Lorenzi

Language of instruction

Italian

Contents

The teaching module discusses issues surrounding the forms of government have occurred in Roman history, the administrative structures, the legal sources and the jurusprudence. Topics include: the sources of Roman law, the constitution of Regnum, Principate and the Dominate; the administration in various periods; Roman criminal law and trial.

Reference texts

G. CRIFÒ, Lezioni di storia del diritto romano, V ed., Monduzzi, Bologna 2010, with the exception of §§ 26-29 (pp. 101-119) and §§ 76-82 (pp. 366-406); teaching materials available on the UNISTUDIUM platform.

Educational objectives

Knowledge of the forms of government and sources concerning Roman legal experience. Acquisition of skills in the use of terminology and legal categories. Development of the analytical capacity of legal issues.

Prerequisites

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

Teaching methods

Front lecturing and teaching materials available on the UNISTUDIUM platform.

Other information

Seminars and integrative readings can be agreed with attending students. Students reception.
For information on support services for students with disabilities and / or DSA visit http://www.unipg.it/disabilita-e-dsa

Learning verification modality

The exam consists in an oral test aimed to verify the knowledge and understanding of the topics of the subject, as well as to evaluate the capacity in reasoning and argumenting. The duration of the test may vary according to the proceeding of the test.

Extended program

The teaching introduces the knowledge of the history of the Roman constitution, dealing a critical issues related to different forms of government have occurred in Roman history, administrative structures and sources of law.
The course relates to the facts, causes, interpretations pertaining to the origin, development and survival of the Roman civitas, embracing a period that extends from the birth of Rome (VIII century BC.) to the reign of Justinian (VI century AD). Topics include: the sources of Roman law in relation to the periods of the history of Roman law, the origin and development of jurisprudence, the monarchy, the republican constitution, the administration of Italy and the provinces, the Principate and the administration of the empire, the constitutional and administrative structures during the late empire; Roman criminal law and trial.