Programma

The course aims to examine the issue of competition between contractual and non-contractual liability in Roman legal practice from a case-law perspective, with specific regard to the solutions adopted by Roman jurists. Following a brief institutional discussion of the distinction between “private criminal actions” and “reipersecutory actions”, the prescriptive content of the lex Aquilia de damno, and the structure and legal regime of the actio ex lege Aquilia, the course will be dedicated to an in-depth study, according to a predominantly case-based approach, which favours the technical analysis of concrete cases examined in individual jurisprudential responses, of the theme of the concurrence of the actio ex lege Aquilia with other actions, both reipersecutory (ex contractu and in rem) and private criminal (in particular those arising ex eodem facto). In particular, the case studies will analyse the logical argumentative process followed by Roman jurists in suggesting the regulation of the concurrent regime of Aquilian action in terms of both contractual actions and private criminal actions,

Testi Adottati

Study materials for attending students, including texts examined in class (in Italian translation) and further reading, are provided by the lecturer during lessons and made available via the course's e-learning platform.

Any further reading will be made available via the course's e-learning platform.

Bibliografia Di Riferimento

Any further reading will be made available via the course's e-learning platform.

Modalità Frequenza

La frequenza è obbligatoria.

Modalità Valutazione

To obtain the qualification, students must pass a final oral examination, which consists of an in-depth analysis of a case studied during the course. Generally, the final examination takes place during a pre-examination session reserved for attending students. The final examination is designed to assess the level of learning, oral presentation skills and textual interpretation.