Teaching code

4S00317

Teacher

Carlo Pelloso

Coordinator

Carlo Pelloso

Credits

9

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/18 - ROMAN AND ANCIENT LAW

Period

2° periodo lezioni (2A), 2° periodo lezioni (2B)

Courses Single

Authorized

Lessons timetable Moodle Seminars 1

Learning objectives

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.

Prerequisites and basic notions

No precondition is required.

Program

Programme
General Part
- Methodological introduction: general concepts of Roman law.
- The sources of production and the sources of knowledge of Roman law.
- The civil process.
- Persons and the family.
- Fact, deed and legal transaction.
- Obligations and contracts.
- Real rights.
- Donations.
- Mortis causa succession.
While it is necessary to study one of the three texts of the general part indicated in the bibliography in full, it should be noted that for the part on the sources of production and knowledge of Roman law, the study of the volume by Burdese indicated in the bibliography is recommended (pp. 1-72) .
Special Part
The student may choose between the following two training paths within the volume by Garofalo of the special part in the Bibliography:
- private path: two essays to be chosen from II, III, IV, V;
- historical-cultural path: two essays to be chosen from I, VI, VII, VIII.
Each student is required to study the special part program planned for his/her academic year, with the possibility – at his/her own discretion – to opt for the program of the current academic year.
Students who would like to study parts of the program on institutional texts of Roman law in German, French or English can contact the teacher during the lessons.
ERASMUS students are requested to contact the teacher at the beginning of the course to agree on the program and the methods of the exam.
In-person lessons (9 CFU, 54 hours):
- The sources of production and the sources of knowledge of Roman law.
- The civil procedure.
- People and the family.
- Fact, deed and legal transaction.
- Obligations and contracts.
- Real rights.
- Donations.
- Mortis causa successions.

Bibliography

Didactic methods

Teaching methods.
Considering that the aim of the course is to provide an institutional preparation, the teaching method aims to promote learning through lectures that expose the institutes taking into account their inseparable logical and systematic correlation.
Consistent with the expected learning outcomes, the approach to some practical cases as concluding moments of the analysis will not be neglected. In this regard, we would like to highlight the preparation course for the 'Moot Court Competition. 'Roman Law and Civil Tradition': this is an integrative teaching activity born within the 'Laboratorio Romanistico Gardesano' project, established with the Agreement signed in 2015 between the Universities of Verona, Brescia, Trento and Milan 'Statale', aimed primarily at selecting the team of Veronese students called to participate in the procedural competition (held every year in June at Palazzo Feltrinelli - Gargnano, BS), but open to all interested students and recommended to those enrolled in the course of Institutions of Roman Law precisely in order to enhance the ability to apply legal reasoning to the specific case. The teaching also offers an experimental form of collaborative teaching that allows students who voluntarily join, organized in work groups and through the presentation of case studies in the last week of the course, to obtain a bonus score of up to two thirtieths in addition to the grade obtained in the oral interview. Further information will be provided by the teacher.
Any conferences and/or seminars of particular relevance to the topics covered, optional tutoring and laboratory activities related to the course will be reported from time to time by the teacher during the lessons.
The video recordings of the course lessons will be made available exclusively to the following categories:
- students with disabilities, invalidity or DSA, following communication to the teacher by the Inclusion and Accessibility Unit;
- students participating in the PA 110 e lode training project;
- students who present a certificate of positivity to covid; in the event of positivity to covid, the lessons will be made available only for the period of positivity.

Learning assessment procedures

Learning assessment methods.
Objectives of assessment tests.
Assessment of knowledge of the substantive and procedural institutions of Roman law.
Contents and methods of carrying out assessment tests.
The course concludes with an exam structured in two mandatory tests for all students (without distinction between attending and non-attending students), one written and the other oral.
The written test focuses on the topics of the general part, with the submission of five open questions to which the student must answer in a maximum total time of thirty minutes. In the oral interview, after a brief illustration and commentary on the written paper, knowledge of both the general and special parts will be further assessed.
In the first hours of the course, the methods and types of the exam will be illustrated in detail.
As required by the faculty regulations, at the end of the 1st period of lessons (2A) an intermediate test is scheduled on the topics covered during the course. The date of the same will be communicated during the lessons. If the test is successful, the student will be given a grade out of thirtieths and will be exempted from answering, in the final written exam, the questions relating to the topics passed in the midterm exam.
The grade assigned will be considered valid only for the academic year in which the midterm exam was taken. The final grade is established in relation to the outcome of the written test and the final interview, as well as the grade of the partial exam passed by the student at the end of period 2A. For ERASMUS students, the exam will consist - at the discretion of the student and with prior agreement with the teacher - of an oral interview or a written paper, in Italian or English, concerning the part of the program previously agreed with the teacher.

Evaluation criteria

The final evaluation is expressed in thirtieths. The attribution of honors is linked to the following evaluation of the exam: complete autonomy of the student, complete control of the subject, particularly appreciable critical and argumentative ability of the student.
The evaluation of critical ability will also take into account the study of the special part.

Criteria for the composition of the final grade

The evaluation between 18 and 20 corresponds to a sufficient, yet low and basic, knowledge of the contents; the evaluation between 20 and 25 shows a more than sufficient/discreet knowledge of the contents; the evaluation between 25 and 29 shows a good or very good knowledge of the contents together with commendable critical skills. The evaluation between 30 and 30 cum laude corresponds to a very good or excellent knowledge together with high critical, analytical and connection skills. The study of the special part will also be taken into account in the evaluation of the critical capacity.

Exam language

Italiano