law

The Course will focus on the ius privatum Romanum and will be divided into five sections: I- Ius Romanum (fontes) Iura populi Romani; Mores, fas; Leges, plebiscita; Edicta; Constitutiones; Iuris prudentia; Gai Institutiones; Corpus Iuris Civilis. II- Personae Liberi, servi; Personae sui iuris alieni iuris; Familia; Potestas; Civis (Romanus), Latinus, peregrinus; Constitutio Antoniniana de civitate; Collegia, sodalitates, societates, universitas. III- Res (Iura in re) Res; Meum est, dominium (ex iure Quiritium); Possessio; Mancipatio, traditio, in iure cessio; Usucapio; In bonis habere; Dominium in provinciali solo; Peculium; Consortium ercto non cito, communio; Iura in re aliena; Res publicae, res communes omnium; Ius successionis. IV- Res (Obligationes) Obligationes; Obligatio nascitur…; (Obligationes) ex contractu, quasi ex contractu; Fides bona; Pacta et sunallagma; Ipso iure, ope exceptionis; Fideiussio; “Quanti ea res erit tantam pecuniam…condemnato”; (Obligationes) ex delicto(-maleficio), quasi ex maleficio. V- Actiones Legis actiones; Edicta praetorum; Iudicia per formulas; Rei vindicatio, interdicta (retinendae vel reciperandae) possessionis; Actiones adiecticiae qualitatis; Actio popularis; Cognitio extra ordinem.

The reading of the text of the Liber singularis enchiridii of the Pomponius jurist in D. 1. 2. 2 (whose translation into Italian is available in http://dbtvm1.ilc.cnr.it/digesto) is suggested.

− Matteo Marrone, Manuale di diritto privato romano, Giappichelli editore, Torino 2004 [full]

The course is essentially based on Roman sources and in particular on the legal sources and texts that make up the Corpus Iuris Civilis, with particular reference to the Justinian Digests. Every source is given translation in Italian. The aim of the course is the knowledge of the Roman legal-religious system, in its historical development through the centuries up to Justinian, in order to mature the awareness of the Roman foundations of today's Italian legal system, to be understood within the larger legal system so-called 'Civil (Roman) law'.

During the lessons will be examined Roman, modern and contemporary legal sources. Students will be able to use the Italian-language translations provided by the teacher during the lessons. The teaching material will be made available to students through the electronic platform of the University (e-learning)

Oral examination. To pass the exam you must obtain a grade of not less than 18/30. The student must demonstrate that he has acquired sufficient knowledge of the subjects. To achieve a score of 30/30 cum laude, the student must demonstrate that he has acquired excellent knowledge of all the topics covered during the course, being able to link them in a logical and consistent way.

Gaio, Institutiones Giustiniano, Institutiones Riccardo Orestano, Introduzione allo studio del diritto romano, Bologna 1987 Feliciano Serrao, Diritto privato economia e società, I, Napoli 1996

The course is essentially based on Roman sources and in particular on the legal sources and texts that make up the Corpus Iuris Civilis, with particular reference to the Justinian Digests. Every source is given translation in Italian. The aim of the course is the knowledge of the Roman legal-religious system, in its historical development through the centuries up to Justinian, in order to mature the awareness of the Roman foundations of today's Italian legal system, to be understood within the larger legal system so-called 'Civil (Roman) law'.

The course is intended to highlight the birth, development and dogmatic configuration of private law in the various areas in which Roman legal experience was carried on, with particular reference to the historical context in which they arose, to their historical dynamics, and also to the impact that this evolution may have had on the modern configuration of the institutes. 1. Law (ius) and justice (iustitia). The law and his partitions: public and private law; civil law, law of foreigners (ius gentium), natural law; civil law, honorary law. Sources of production of law: laws, plebiscites, senatusconsulta, constitutions of the emperors, edicts of magistrates, lawyers' opinions, customs and mores. 2. Persons. 3. Legal transactions (negozio giuridico). 4. The civil trial. 5. Real Rights. 6. Obligations. 7. Donations. 8. Successions.

None.

RECOMMENDED TEXT M. MARRONE, Istituzioni di diritto romano, Palermo, Palumbo editore, last edition. or G. PUGLIESE (con la coll. di F. Sitzia e L. Vacca), Istituzioni di diritto romano. Sintesi, Giappichelli ed., Torino, 1998 2. edizione

Lectures by the teacher and supplementary seminars

The exam consists of a single test and is held orally. To achieve the sufficiency (18/30) the student must first of all demonstrate knowledge of the fundamental institutes of Roman private law; secondly, the examinee must be able to grasp the links that link the various institutions of Roman law to each other, in a coherent and homogeneous framework. In order to achieve a higher evaluation, the student must also demonstrate that he has acquired the method of legal argumentation, expressing himself with an adequate and correct property of language. The test is considered passed with full marks (30/30 cum laude) if the candidate shows a particular capacity for in-depth analysis and for a logical and coherent connection between the various institutes.

Lectures by the teacher and supplementary seminars