Law and Economics of Real Estate

The course is divided into two parts. The first part examines the developments in the history of global law with particular attention to the development of real estate property, starting from colonial law up to the phenomenon of codification in Haiti, one of the first examples of codification in the American continent. The second part will instead examine copyright law in its fundamental historical developments and in its two evolutions of the French droit d’auteur and the Anglo-American copyright. The first module (first six weeks) aims to provide a clear picture of the period relating to the legal history of the modern age up to the specific phenomenon of codification in Haiti, and the singular discipline of real estate and real rights. The following topics will be addressed: 1. Tools for historical reading of the modern age; 2. Tools for legal reading; 3. Colonial law and the circulation of law in the American continent; 4. The Code noir and the droit de l’esclavage; 5. The phenomenon of codification: the Code Henry of 1812; 6. Land ownership, emphyteusis and the Civil Code of 1825. The second module (weeks 7-12) is specifically dedicated to intellectual property, with particular attention to its origins and its prospects in legal evolution, such as: 1.The roots of copyright; 2. The roots of droit d’auteur; 3. Definition and circulation of the French model; 4. Between copyright and droit d’auteur: the italian situation; 5. Creativity and protection of moral rights; 6. International protection of authors' rights; 7. Current problems and prospects of authors' rights in contemporary times.

In order to pass the exam, it is essential to have a basic knowledge of the general history of the modern and contemporary age and a good knowledge of the main legal institutions of public and private law.

The following textbooks are indicated for the exam preparation: L. MOSCATI, Diritti d’autore. Storia e comparazione nei sistemi di civil law e di common law, Milano, Giuffrè Francis Lefebvre, 2020. I. DI CAMILLO, La codificazione di Haiti. Dal Code Henry al Codice civile del 1825, Roma, Sapienza Università Editrice, 2025 (available in open access: https://editricesapienza.it/book/10481)

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 of real estate property and intellectual property, 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, 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 blended one, composed of lessons in mainly telematic mode and, regarding the part on copyright, also in traditional mode. In the latter case, the possibility of following the course remotely will still be guaranteed. 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.