Lucia DI CINTIO | INSTITUTIONS OF ROMAN LAW

cod. 0160100076

INSTITUTIONS OF ROMAN LAW

	0160100076
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2020/2021

PERCORSO UNIQUE CURRICULUM

	YEAR OF COURSE 1
	YEAR OF DIDACTIC SYSTEM 2012
	PRIMO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/18	9	81	LESSONS	BASIC COMPULSORY SUBJECTS

PROFESSORS

	LAURA SOLIDORO T Curriculum
	LUCIA DI CINTIO Curriculum

	Objectives
	THIS TEACHING WILL INCREASE THE POTENTIALITIES AND THE PECULIARITIES OF THE SUBJECT FOR THE EDUCATION OF A MODERN JURIST. FOR THESE REASONS – ACCORDING TO AN HISTORICAL PERSPECTIVE, WHICH WILL TAKE INTO ACCOUNT THE EVOLUTION OF PRIVATE LAW AND ROMAN TRIAL FROM THE FOUNDATION OF ROME (VIII CENTURY B.C.) TO THE DEATH OF EMPEROR JUSTINIAN (565 A.D.) – PARTICULAR ATTENTION WILL BE GIVEN TO THE CREATIVE ELEMENTS OF THE ROMAN JURIDICAL EXPERIENCE (LEGISLATION, INTERPRETATION, HONORARY ACTIVITY OF MAGISTRATES), ALSO MEANT AS A FOUNDATION OF THE EUROPEAN CIVIL LAW SYSTEM. KNOWLEDGE AND UNDERSTANDING: THE PURPOSE OF THE TEACHING IS TO GIVE THE STUDENTS A GENERAL KNOWLEDGE OF THE MAIN ROMAN PRIVATE LAW AND TRIAL LAW INSTITUTIONS, WHICH CONSTITUTE THE HISTORICAL COMMON ROOTS OF MODERN LAW SYSTEMS BASED ON A CIVIL LAW TRADITION. ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING: THE PURPOSE OF THE CLASS IS TO TEACH THE STUDENTS TO USE BASIC TOOLS OF HISTORICAL AND LEGAL RESEARCH. IN PARTICULAR, THE TEACHING AIMS AT PROMOTING IN THE STUDENT THE ABILITY TO ANALYZE AND CRITICALLY/DIACRONICALLY INTERPET BOTH ROMAN AND CONTEMPORARY HISTORICAL AND LEGAL SOURCES, WITH SPECIAL REGARD TO THE PRIVATE LAW INSTITUTIONS CREATED BY ROMANS THAT ARE CLOSER TO THE ONES STILL PRESENT IN MODERN LAW SYSTEMS.

THIS TEACHING WILL INCREASE THE POTENTIALITIES AND THE PECULIARITIES OF THE SUBJECT FOR THE EDUCATION OF A MODERN JURIST. FOR THESE REASONS – ACCORDING TO AN HISTORICAL PERSPECTIVE, WHICH WILL TAKE INTO ACCOUNT THE EVOLUTION OF PRIVATE LAW AND ROMAN TRIAL FROM THE FOUNDATION OF ROME (VIII CENTURY B.C.) TO THE DEATH OF EMPEROR JUSTINIAN (565 A.D.) – PARTICULAR ATTENTION WILL BE GIVEN TO THE CREATIVE ELEMENTS OF THE ROMAN JURIDICAL EXPERIENCE (LEGISLATION, INTERPRETATION, HONORARY ACTIVITY OF MAGISTRATES), ALSO MEANT AS A FOUNDATION OF THE EUROPEAN CIVIL LAW SYSTEM.
KNOWLEDGE AND UNDERSTANDING: THE PURPOSE OF THE TEACHING IS TO GIVE THE STUDENTS A GENERAL KNOWLEDGE OF THE MAIN ROMAN PRIVATE LAW AND TRIAL LAW INSTITUTIONS, WHICH CONSTITUTE THE HISTORICAL COMMON ROOTS OF MODERN LAW SYSTEMS BASED ON A CIVIL LAW TRADITION.
ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING: THE PURPOSE OF THE CLASS IS TO TEACH THE STUDENTS TO USE BASIC TOOLS OF HISTORICAL AND LEGAL RESEARCH. IN PARTICULAR, THE TEACHING AIMS AT PROMOTING IN THE STUDENT THE ABILITY TO ANALYZE AND CRITICALLY/DIACRONICALLY INTERPET BOTH ROMAN AND CONTEMPORARY HISTORICAL AND LEGAL SOURCES, WITH SPECIAL REGARD TO THE PRIVATE LAW INSTITUTIONS CREATED BY ROMANS THAT ARE CLOSER TO THE ONES STILL PRESENT IN MODERN LAW SYSTEMS.

	Prerequisites
	NONE

	Contents
	THE JURIDICAL SYSTEM (6 HOURS): HISTORICAL INTRODUCTION AND NOTIONS RELATED TO 'SOURCES OF LAW', 'NORMS', 'INTERPRETATION', 'LAW SUBJECTS', 'JURIDICAL RELATIONSHIPS' THE PRIVATE TRIAL (18 HOURS): SELF-DEFENSE, LEGIS ACTIONES TRIAL, PER FORMULAS TRIAL, COGNITIONES EXTRA ORDINEM PEOPLE AND FAMILY (12 HOURS): STATUS LIBERTATIS, STATUS CIVITATIS, STATUS FAMILIAE, MARRIAGE CONTRACTS (6 HOURS): FOUNDAMENTAL AND ACCESSORY ELEMENTS OF CONTRACTS REAL RIGHTS (18 HOURS): OWNERSHIP, REAL RIGHTS OVER THINGS BELONGING TO OTHERS, POSSESSION OBLIGATIONS (21 HOURS): SOURCES OF OBLIGATIONS, OBLIGATIONES CONTRACTAE, OBLIGATIONES NON CONTRACTAE, OBLIGATIONES COMING FROM ILLICITS

Contents

THE JURIDICAL SYSTEM (6 HOURS): HISTORICAL INTRODUCTION AND NOTIONS RELATED TO 'SOURCES OF LAW', 'NORMS', 'INTERPRETATION', 'LAW SUBJECTS', 'JURIDICAL RELATIONSHIPS'

THE PRIVATE TRIAL (18 HOURS): SELF-DEFENSE, LEGIS ACTIONES TRIAL, PER FORMULAS TRIAL, COGNITIONES EXTRA ORDINEM

PEOPLE AND FAMILY (12 HOURS): STATUS LIBERTATIS, STATUS CIVITATIS, STATUS FAMILIAE, MARRIAGE

CONTRACTS (6 HOURS): FOUNDAMENTAL AND ACCESSORY ELEMENTS OF CONTRACTS

REAL RIGHTS (18 HOURS): OWNERSHIP, REAL RIGHTS OVER THINGS BELONGING TO OTHERS, POSSESSION

OBLIGATIONS (21 HOURS): SOURCES OF OBLIGATIONS, OBLIGATIONES CONTRACTAE, OBLIGATIONES NON CONTRACTAE, OBLIGATIONES COMING FROM ILLICITS

	Teaching Methods
	THE TEACHING IS HELD DURING THE FIRST SEMESTER OF THE FIRST YEAR, AND PROVIDES 81 HOURS OF LESSONS AND TESTS AIMED AT PERIODICALLY VERIFYING STUDENTS' LEARNING STATUS.

	Verification of learning
	THE EXAMINATION WILL BE ORAL. IN THE EVALUATION OF THE TEST THE EXAMINER WILL TAKE INTO ACCOUNT ORAL EXPOSITION SKILLS AND IN PARTICULAR THE STUDENT’S LANGUAGE, KNOWLEDGE OF THE TOPICS LISTED IN THE COURSE PROGRAM AND REASONING SKILLS WITH RELATION TO THE QUESTION GIVEN, WITH PARTICULAR ATTENTION TO THE FOLLOWING ELEMENTS: A) AUTONOMY OF JUDGEMENT: GAINING THE SKILL TO CRITICALLY INTERPRET LEGAL ISSUES, INSERTING THEM IN THE SPECIFIC HISTORICAL AND CULTURAL CONTEXT, IN ORDER TO DEVELOP AN AUTONOMOUS CAPACITY OF EVALUATION, ELABORATION AND PROBLEM SOLVING; B) COMMUNICATION SKILLS: ACQUISITION AND USE OF AN APPROPRIATE LEGAL LEXICON; C) LEARNING SKILLS: ACQUISITION AND MASTERY OF THE MAIN HERMENEUTICAL TOOLS OF LAW AND VARIOUS ARGUMENTATIVE TECHNIQUES. THE MINIMUM SCORE (18/30) IS GIVEN TO STUDENTS WHO SHOW A SUFFICIENT REASONING SKILL, WITHOUT FALLING INTO THEORETICAL ERRORS, EVEN IF HE HAS A FRAGMENTARY AND POTENTIALLY FAULTY KNOWLEDGE OF THE SUBJECT. THE MAXIMUM SCORE (30/30) IS GIVEN TO STUDENTS WHO SHOW A COMPLETE KNOWLEDGE OF THE SUBJECT, HAVING ACQUIRED FULL THEORETICAL AND LEXICAL INSTRUMENTS AIMED AT ORIENTING THEMSELVES AND WITH AWARENESS IN VARIOUS PARTS OF THE PROGRAM, REGARDING THE HISTORICAL EVOLUTION OF JURIDICAL INSTRUMENTS AND INSTITUTIONS IN THE ROMAN JURIDICAL EXPERIENCE. THE MERITH IS GIVEN TO STUDENTS WHO DISTINGUISH THEMSELVES FOR A PARTICULAR ANALYSIS AND TALKING SKILL, HAVING REGARD TO HISTORICAL, JURIDICAL AND LEXICAL PROFILES.

Verification of learning

THE EXAMINATION WILL BE ORAL. IN THE EVALUATION OF THE TEST THE EXAMINER WILL TAKE INTO ACCOUNT ORAL EXPOSITION SKILLS AND IN PARTICULAR THE STUDENT’S LANGUAGE, KNOWLEDGE OF THE TOPICS LISTED IN THE COURSE PROGRAM AND REASONING SKILLS WITH RELATION TO THE QUESTION GIVEN, WITH PARTICULAR ATTENTION TO THE FOLLOWING ELEMENTS: A) AUTONOMY OF JUDGEMENT: GAINING THE SKILL TO CRITICALLY INTERPRET LEGAL ISSUES, INSERTING THEM IN THE SPECIFIC HISTORICAL AND CULTURAL CONTEXT, IN ORDER TO DEVELOP AN AUTONOMOUS CAPACITY OF EVALUATION, ELABORATION AND PROBLEM SOLVING; B) COMMUNICATION SKILLS: ACQUISITION AND USE OF AN APPROPRIATE LEGAL LEXICON; C) LEARNING SKILLS: ACQUISITION AND MASTERY OF THE MAIN HERMENEUTICAL TOOLS OF LAW AND VARIOUS ARGUMENTATIVE TECHNIQUES.

THE MINIMUM SCORE (18/30) IS GIVEN TO STUDENTS WHO SHOW A SUFFICIENT REASONING SKILL, WITHOUT FALLING INTO THEORETICAL ERRORS, EVEN IF HE HAS A FRAGMENTARY AND POTENTIALLY FAULTY KNOWLEDGE OF THE SUBJECT.

THE MAXIMUM SCORE (30/30) IS GIVEN TO STUDENTS WHO SHOW A COMPLETE KNOWLEDGE OF THE SUBJECT, HAVING ACQUIRED FULL THEORETICAL AND LEXICAL INSTRUMENTS AIMED AT ORIENTING THEMSELVES AND WITH AWARENESS IN VARIOUS PARTS OF THE PROGRAM, REGARDING THE HISTORICAL EVOLUTION OF JURIDICAL INSTRUMENTS AND INSTITUTIONS IN THE ROMAN JURIDICAL EXPERIENCE.

THE MERITH IS GIVEN TO STUDENTS WHO DISTINGUISH THEMSELVES FOR A PARTICULAR ANALYSIS AND TALKING SKILL, HAVING REGARD TO HISTORICAL, JURIDICAL AND LEXICAL PROFILES.

	Texts
	A.LOVATO, S.PULIATTI, L.SOLIDORO, DIRITTO PRIVATO ROMANO, TORINO, GIAPPICHELLI, IIND EDITION, 2017, PP. 1-616

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Lucia DI CINTIO | INSTITUTIONS OF ROMAN LAW