Unit ELEMENTS OF ROMAN PRIVATE LAW
- Course
- Legal services
- Study-unit Code
- A000708
- Curriculum
- Consulente del lavoro
- Teachers
-
- Carlo Lorenzi (Codocenza)
- Hours
- 42 ore (Codocenza) - Carlo Lorenzi
- CFU
- 6
- Course Regulation
- Coorte 2017
- Offered
- 2017/18
- Learning activities
- Base
- Area
- Storico-giuridico
- Academic discipline
- IUS/18
- Type of study-unit
- Obbligatorio (Required)
- Type of learning activities
- Attività formativa monodisciplinare
- 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.