Teaching code

4S00317

Teacher

Tommaso Dalla Massara

Coordinatore

Tommaso Dalla Massara

Credits

9

Scientific Disciplinary Sector (SSD)

IUS/18 - ROMAN AND ANCIENT LAW

Language of instruction

Italian

Period

1° periodo di lezioni dal Sep 28, 2020 al Dec 14, 2020.

Lessons timetable

Moodle

Learning outcomes

The course aims at introducing the students to the knowledge and comprehension of the foundations of private law, i.e. the fundamental concepts and legal rules governing private law relationships between individuals and corresponding remedies. Moreover, the students will familiarize with the methodological tools that are needed to analyse and solve private law cases with success. The students will acquire the ability to analyse and approach the basic legal issues concerning private law relationships between individuals and corresponding remedies, as well as to autonomously formulate judgments and arguments, on a basic level, with regard to cases, issues and legal situations submitted to their analysis and to critically adapt them to the changes in the context.

Program

General part
- Sources of Roman Law (the study of A. BURDESE, Manuale di diritto privato romano4, Torino, 1993 is recommended).
- Private legal procedure.
- Individuals and family (this part can be studied - in an abridged version - also in Diritto privato romano2, a cura di A. Schiavone, Torino, 2010).
- Facts, acts and legal act.
- Obligations and contract law.
- Rights in rem.
- Donations.
- Inheritance law.

Special part: L. GAROFALO, Fondamenti e svolgimenti della scienza giuridica. Nuovi saggi, Torino, 2015

The programme provides the possibility of choosing between two groups of essays:
I) Homo liber e homo sacer: due archetipi dell’appartenenza.
Sull’eccezione di dolo generale.
II) Principi e ordinamento romano: una riflessione sulle orme di Fritz Schulz.
L’arbitraggio sul prezzo.

Each student is required to study the special part programme provided for his or her own a.i. of attendance, with the possibility - at his or her own free choice - of opting for current a.i. programme.
Considering that the objective of the course is to provide an institutional preparation, the teaching method aims at promoting learning through frontal lessons that present each legal feature 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. In this regard, please consider the preparation course for the 'Moot Court Competition. Roman Law and Civil Tradition'. This is an integrative didactic activity in the frame of the 'Laboratorio Romanistico Gardesano' project, established by the Convention signed in 2015 between the Universities of Verona, Brescia, Trento and Milano 'Statale'. This integrative didactic activity primarily aims at the selection of the team of students that shall participate to the moot court competition (held every year in June, at Palazzo Feltrinelli - Gargnano, BS), but it is anyway open to all interested students, and recommended to all students enrolled in the course of Institutions of Roman Law that intend to enhance their ability to apply legal reasoning to the specific case.
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.
Students who wish to study parts of the programme on institutional texts of Roman law written in German, French or English can contact the lecturer during the lessons.
ERASMUS students are kindly requested to contact the teacher at the beginning of the course in order to agree on the programme of the exam, consisting in the discussion of a written paper, written in English or in Italian, on a specific subject.

Bibliografia

Examination Methods