Teaching code

4S00317

Teacher

Carlo Pelloso

Coordinator

Carlo Pelloso

Credits

9

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/18 - ROMAN AND ANCIENT LAW

Period

1st lecture period (1A), 1° periodo lezioni (1B)

Lessons timetable Moodle Seminars 0

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
- Sources of Roman Law (the study of A. BURDESE, Manuale di diritto privato romano, 4^ ed., Torino, 1993, 1-72 is recommended).
- Private legal procedure.
- Individuals and family (this part can be studied - in an abridged version - also in Diritto privato romano, 4^ ed., a cura di A. Schiavone, Torino, 2010, 157-221).
- 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. Nuovissimi saggi, Jovene Editore, Napoli, 2019.
The student can choose beetween the following two studying paths:
- Private-law path: II, III, IV, V;
- Historical and cultural path: I, VI, VII, VIII.
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.
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 lecturer at the beginning of the course in order to agree on the syllabus and on the modalities of the examination.
Lectures in presence (9 CFU, 54 hours)
- Sources of Roman Law.
- Private legal procedure.
- Individuals and family.
- Facts, acts and legal act.
- Obligations and contract law.
- Rights in rem.
- Donations.
- Inheritance law.

Bibliography

Didactic methods

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.

Learning assessment procedures

Goals of the examination.
Assessing the knowledge of the substantive and procedural institutions of private Roman law.

Contents and methods of carrying out the assessment tests.
The course ends with an examination structured in two compulsory tests for all students (without distinction between attending and non-attending students), one written and the other oral.
The written test covers the topics of the general part, with five open questions to be answered by the student in a maximum total time of thirty minutes.
In the oral interview, after a brief explanation and commentary on the written test, the knowledge of both the general and special parts will be further assessed.

The final evaluation is based on the results of the written test and the final interview.

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

Language used in the final exam:
The learning assessment will be carried out in Italian.
The student may request to take a part of the oral test in English, French or German: this must be agreed personally with the lecturer so that the specific portions of the syllabus to be studied in manuals of Roman law in English, French or German are identified.
ERASMUS students may choose to take the test in Italian or in English, by prior agreement with the teacher.

Evaluation criteria

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.

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.