Romanistic Foundations of Private Law
Scientific Disciplinary Sector (SSD)
IUS/18 - ROMAN AND ANCIENT LAW
2° periodo di lezioni - aprile/maggio 2017, 2° periodo di lezioni - febbraio/aprile 2017
The course aims at providing the students with the main private law categories through the study of the cases examined by the Roman jurists, as well as through the modern theories grounded on Roman sources. In the view of this goal, one will never ignore the Italian legal rules in force, both included in statutes and deriving from judgments. The lectures will focus on substantial and procedural Roman Law (above all with regard to the classical law of obligations); they will explain the elementary discipline of the institutes created by the Roman legal science as well as they will describe the conceptual and technical equipment which nowadays represents a fundamental device for interpreting positive law.
A. Sources (h 6), Legal Procedure (h 12), Personae (h 2), Legal Transactions (h 6), Real rights (h 6), Obligations (h 22).
B. Roman Legal science: in-depth analysis.
A. Lovato, S. Puliatti, L. Solidoro Maruotti, Diritto privato romano, Torino, 2014 (pp. 1-125, 149-187, 216-625).
L. Garofalo, Fondamenti e svolgimenti della scienza giuridica. Nuovi saggi, Torino, 2015 (three essays).
* A complete last edition of the italian civil code is to be regularly read during the study.
Written exam concerning the general part ( the students answer five open questions in twenty-five minutes total); Oral exam concerning, after a short explanation of the written exam, the general and the special part.