Law and Economics of Real Estate

The course is divided in two parts. In the first part the object of analysis will be the development of the European legal history from the 16th to the 20th century. In the second part some specific institutes will be examined, with particular attention to their roots and perspectives in the juridical evolution. The first module aims (weeks 1-6) to provide a clear image on the period relating to the legal history of the Modern Age, through the study of the following topics: 1. Legal Humanism. 2. Legal particularism in the ancien régime. 3. Legal Enlightenment. 4. Codification and “Decodification”. 5. Analysis of the main European codes between 19th and 20th centuries. 6. Legal science in the age of codification. The second module (weeks 7-12) is dedicated to the analysis of particular and important institutes of the modern legal history, such as: 1. Origins and evolution of the droit d'auteur. 2. Origins and evolution of the copyright. 3. The Evolution of Water Law in 19th century. 4. Wartime law in the 20th century. 5. Contract law between 19th and 20th centuries. 6. Origins and development of the French reform of obligation and contract law.

In order to pass the exam, it is essential to have a basic knowledge of the general history of the modern and contemporary age; a sufficient knowledge of the history of medieval law is necessary; knowledge of the main legal institutions, public and private law, is important; it would be useful to have at least a basic knowledge of Latin and the main European languages. The exam can be taken by students who have passed the general preparatory exams (ISTITUZIONI DI DIRITTO PUBBLICO, ISTITUZIONI DI DIRITTO PRIVATO, ISTITUZIONI DI DIRITTO ROMANO and STORIA DEL DIRITTO ITALIANO I).

The following textbooks are indicated for the exam preparation: U. PETRONIO, La lotta per la codificazione, Torino, Giappichelli, 2002 G. ASTUTI, Il Code Napoléon in Italia e la sua influenza sui codici degli stati italiani successori, Torino, Giappichelli, 2015 L. MOSCATI, Diritti d'autore. Storia e comparazione nei sistemi di civil law e di common law, Milano, Giuffrè, 2020.

Teaching model: The teaching model is the traditional one, composed of lectures. Through continuous and direct dialogue between the teacher and the students, a deeper knowledge and a more simplified understanding of the European legal history in the Modern and Contemporary Age. The lessons are accompanied by extensive online educational material, consisting of legislative, doctrinal and jurisprudential sources, Italian and the major European countries examined during the course. These sources are made available thanks to the use of the Sapienza e-learning platform and the Google Classroom platform. Study modes: Following the Sapienza directives, the Course will be held in person if possible, or in blended mode if necessary. The lessons will start on September 28 and will take place according to the following timetable: monday (09:00-11:00) - tuesday (09:00-11:00) - wednesday (09:00-11:00 + 11:00-13:00), room 9. Students will also be able to follow the lessons remotely through the Zoom platform: https://uniroma1.zoom.us/j/95795368466?pwd=LzN3YTgyNlczOTRmd3I1SlFUYXdVQT09 passcode: ius2020

Course attendance: Course attendance, although not mandatory, is highly recommended in order to achieve the expected learning outcomes.

Number and tipology of the test: The exam consists of a single oral exam aimed to ascertain the knowledge acquired by the candidate in the study of the subject. The choice of the test method responds to the course's educational objectives, in terms of acquired and applied knowledge and understanding, autonomy of judgement, and communicative and argumentative skills. It is verified that the student has acquired a sufficient mastery of the notions relating to the legal history of the Modern and Contemporary Age and also, consequently, his/her capacity to correctly orient him/herself among the centuries, placing authors and respective works over time and demonstrating to have correctly understood the legal institutions in their historical evolution. The measurement of the final grade instead takes into account multiple aspects. In particular, the overall comprehension of the concepts acquired during the study, the ability to correctly place them over time, the ability to link the topics together and, not least, the expositive clarity of the speech, are evaluated. The students’ knowledge is assessed in the exam with a grade, given in thirtieths. The exam is deemed to have been passed if such grade is equal to or higher than 18/30; in case of full grades (30/30), the examination committee may grant honours.

Further bibliography: M. CARAVALE, Storia del diritto nell'Europa moderna e contemporanea, Roma-Bari, Laterza, 2012 G. TARELLO, Storia della cultura giuridica moderna, Bologna, Il Mulino, 1976 G. ALPA, Diritto civile italiano: due secoli di storia, Bologna, Il Mulino, 2018

Teaching model: The teaching model is the traditional one, composed of lectures. Through continuous and direct dialogue between the teacher and the students, a deeper knowledge and a more simplified understanding of the European legal history in the Modern and Contemporary Age. The lessons are accompanied by extensive online educational material, consisting of legislative, doctrinal and jurisprudential sources, Italian and the major European countries examined during the course. These sources are made available thanks to the use of the Sapienza e-learning platform.