The Roman Law course will be carried out through the analysis and discussion of specific cases. In particular, problems arising from each case will be treated in a diachronic comparative perspective, making comparisons between the approach adopted by Roman jurists and the contemporary legal regime, with specific regard to the Italian and other European legal systems.
The first part of the course will be focused to an in-depth study of the casuistic method, in relation with the analysis of the role of the “regula iuris” held in the Roman jurisprudence, which followed the development of the Roman legal system up to the post-classical period. With specific regard to the evolution of the sources of Roman law, the study will take a close look at the main stages of history of jurisprudence.
The second part will be focused to the study of specific problems of the contractual area: specially well be treated the creation of legal protection of the buyer and the leaser for the defects f the thing, through the analysis of jurisprudential solutions about concret casuistic.
The first part of the course will be focused to an in-depth study of the casuistic method, in relation with the analysis of the role of the “regula iuris” held in the Roman jurisprudence, which followed the development of the Roman legal system up to the post-classical period. With specific regard to the evolution of the sources of Roman law, the study will take a close look at the main stages of history of jurisprudence.
The second part will be focused to the study of specific problems of the contractual area: specially well be treated the creation of legal protection of the buyer and the leaser for the defects f the thing, through the analysis of jurisprudential solutions about concret casuistic.
scheda docente
materiale didattico
in-depth analysis of the case histories of some institutions of Roman law of obligations.
Program for the attending students:
First part reference text: B. Cortese, Roman legal science. Between creation and interpretation of the law, Jovene, 2023 (except those parts that will be signed during the course)
Second part: attending students may limit their study to the contents and materials of the lessons. Some recommended readings will be reported from time to time during the lectures.
Program for the non-attending students:
The reference texts of the first part is: B. Cortese, Roman legal science. Between creation and interpretation of the law, Jovene, 2023)
The reference texts of the first part are:
1) R. Zimmermann, The law of obligations. Obligatio, 1-18
2) R. Fiori, The conception of contract, in Obligations in Roman Law - edited by Thomas A.J. McGinn.
3) Mourousakis, Fundamentals of Roman Private Law, pp. 219-234
4) R. Zimmermann, The law of obligations. Seller’s liability for defects, 305-322.
5) R. Zimmerman, The lessor's liability, 360-375.
The indicated texts must be use all (they are not provided as an alternative). The texts of the second part are available on e-learning.
Fruizione: 20110172 Roman Law(Global Legal Studies) in GIURISPRUDENZA LMG/01 A - Z CORTESE BARBARA
Programma
Study of Roman jurisprudence and the case-law method.in-depth analysis of the case histories of some institutions of Roman law of obligations.
Testi Adottati
Program for the attending students:
First part reference text: B. Cortese, Roman legal science. Between creation and interpretation of the law, Jovene, 2023 (except those parts that will be signed during the course)
Second part: attending students may limit their study to the contents and materials of the lessons. Some recommended readings will be reported from time to time during the lectures.
Program for the non-attending students:
The reference texts of the first part is: B. Cortese, Roman legal science. Between creation and interpretation of the law, Jovene, 2023)
The reference texts of the first part are:
1) R. Zimmermann, The law of obligations. Obligatio, 1-18
2) R. Fiori, The conception of contract, in Obligations in Roman Law - edited by Thomas A.J. McGinn.
3) Mourousakis, Fundamentals of Roman Private Law, pp. 219-234
4) R. Zimmermann, The law of obligations. Seller’s liability for defects, 305-322.
5) R. Zimmerman, The lessor's liability, 360-375.
The indicated texts must be use all (they are not provided as an alternative). The texts of the second part are available on e-learning.
Modalità Erogazione
lessons in classroom. Attendance is chosen by the student. For the attending students not more than five absences will be allowed.Modalità Frequenza
Attendance is chosen by the student.Modalità Valutazione
The attendence is free. For all students, even if not attending, at the end of the first part of the course there will be the opportunity to take an intermediate exam: 2 open-ended questions written on the programs provided for attending and non attending students. For students who have obtained a positive assessment there will be the final exam in written form in the ordinary exam session. All students who have not had a positive assessment and/or have not taken the intermediate exam during the course there will be ordinary appeals with written exam on the entire program.