Teaching code

4S000517

Teacher

Maria Federica Merotto

Coordinator

Maria Federica Merotto

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/18 - ROMAN AND ANCIENT LAW

Period

2° periodo lezioni (2A) dal Feb 14, 2022 al Mar 26, 2022.

Lessons timetable Moodle Seminars 0

Learning outcomes

The course is intended to provide the student 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.

At the end of the course, the student will be able to elaborate on legal issues, in both written and oral forms, developing proper reasoning and argumentation, using an appropriate and specific vocabulary, reaching independent judgement on actual cases, adopting a method based on continuous learning and knowledge updating.

Program

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; they will explain the elementary discipline of the institutes created by the Roman scientia iuris as well as they will describe the conceptual and technical equipment which nowadays represents a fundamental device for interpreting positive law. The course also aims to encourage students to consider specific legal issues: students should become familiar with the methodological tools needed to apply theoretical knowledge to private law issues.

Programme and teaching methods of Romanistic Foundations of Private Law - IUS-18 - semester 2b (30 hours of direct lecturing, 12 hours of workshop teaching).

General part:

- Historical and general framework
- Sources
- Trial
- Legal acts
- Fides and Bona fides
- Rights in rem and possession
- Obligations
- Contracts

Special part:
L. SOLIDORO MARUOTTI - M. SCOGNAMIGLIO - P. PASQUINO (a cura di), Il diritto romano caso per caso, Giappichelli, Torino, 2018; two essays selected by the student between:

- F. FASOLINO, Un’ipotesi di servitù convenzionale: il divieto della pesca dei tonni
- L. SOLIDORO, Immissioni e conflitti di vicinato: il caso della taverna casearia
- R. CARDILLI, Responsabilità e nesso di causalità: un incidente stradale con conseguenze mortali a Roma antica
- A. PETRUCCI, Il caso di Tiziano Primo e gli effetti delle attività svolte dal rappresentante al di fuori della preposizione institoria
- A. LOVATO, ‘Lex commissoria’ nella compravendita
- T. DALLA MASSARA, La qualificabilità di un accordo di tolleranza in termini di contratto (atipico)

Reading a full and updated civil code is strongly recommended.

Teaching material will be uploaded on the e-learning platform.

ERASMUS students are kindly requested to contact the Professor at the beginning of the course, in order to arrange the program of the examination, which will consist in the discussion of a written paper about a specific topic.

The course combines 30 hours of Direct lecturing (supported by the use of PowerPoint presentations) with 12 hour of Workshop teaching dedicated to reviewing the main topics of study and to exercising students according to the Problem Based Solving (PBS) method.
All the lectures involve the active participation of the students.

Direct lecturing (5 CFU, 30 hours):

- Sources
- Trial
- Rights in rem and possession
- Obligations
- Contracts

Workshop teaching (1 workshop CFU, 12 hours):

- Concept maps on the main topics of study (sources, trial, rights in rem, legal act)
- team work to solve case studies on contracts
- self-assessment tests

Given that the aim of the course is to provide institutional preparation, the teaching method aims at promoting learning through frontal lessons that expose the institutions taking into account their inseparable logical and systematic correlation.
In line with the expected learning outcomes, the approach to some practical cases as final moments of the analysis will not be neglected.

Any conferences and/or seminars of interest for the topics dealt with, tutoring activities and optional workshops related to the course will be reported from time to time during the lectures.

Bibliography

Examination Methods

Objectives of the examination
Assessing the knowledge of the substantive and procedural institutions of private law in the light of their Roman origins.

Contents and methods of carrying out the assessment tests
The examination will take place for all - attending and non-attending students - both in written form limited to the general part (with the submission of five open questions to which the student must answer in the total maximum time of thirty minutes), and by interview, in which, after a brief illustration and commentary on the written test, the knowledge of the general part as well as of the special part will be further examined.
In determining the final mark, written and oral tests are of equal importance.

For ERASMUS students, the exam will consist - at the student’s discretion and in agreement with the teacher - of an oral interview or a written paper, in Italian or English, on the part of the programme agreed in advance between the student and the teacher.

Language used in the final test: Italian
With the agreement of the teacher, ERASMUS students may opt to take the test in Italian or in English.

Valuation criteria and explanation of the final mark
The final evaluation is expressed in thirtieths (30/30). The evaluation 30 cum laude is linked to the following assessment of the examination: complete autonomy of the student, complete control of the discipline, particularly appreciable critical and argumentative capacity of the student.