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.
teacher profile teaching materials
The special section retraces the investigation of Roman historiography into the subject of ‘transfer of property’ (translatio dominii), with the aim of understanding the differences between modern dogmatic categories and Roman legal frameworks.
2) E. POSTE, ‘Gai Institutiones’ or Institutes of Roman Law by Gaius, Oxford 1904, pp. 133-168;
3) M. KASER, The Concept of Roman Ownership, in «Tydskrif vir Hedendaagse Romeins-Hollandse Reg. Journal of Contemporary Roman-Dutch Law», 27 (1964), 5-19;
4) D. LIEBS, Biographical Matters about Gaius, in U. BABUSIAUX – D. MANTOVANI (a cura di), Le Istituzioni di Gaio: avventure di un bestseller. Trasmissione, uso e trasformazione del testo, Pavia 2020, pp. 3-28;
5) P. STEIN, The Development of the Notion of ‘naturalis ratio’, in A. WATSON (ed.) Daube Noster. Essays in Legal History for David Daube, Edinburgh 1974, pp. 305-316;
6) E. LEVY, Natural law in the Roman period, in Natural Law Institute Proceedings, II, Notre Dame 1949, pp. 43-72
Fruizione: 20110172 Roman Law(Global Legal Studies) in GIURISPRUDENZA LMG/01 R SPERANDIO MARCO URBANO
Programme
The course is divided into two parts, general and special. The general part – dedicated to the study of the fundamental aspects of the so-called dominium ex iure Quiritium in its historical development, from its origins to the Justinian reforms – addresses the following topics: (1) the concept of ‘domain’ (meum esse) in early Roman law; (2) the slow emergence of the notion of ‘property’ – first in the procedural context (actio in rem), then in relation to the formation of the iura praediorum and the right of usufruct – and the subsequent ‘division’ of the ‘property’ (duplex dominium); (3) the structure and scope of application of the actio Publiciana, whose controversial genesis must be placed in relation to the recognition of traditio, an institution arising from the ius gentium; (4) the discipline of the so-called ‘provincial property’ in imperial legislation, from the rescript of Septimius Severus and Caracalla on the longae possessionis praescriptio of 199 AD to Justinian’s reform; (5) the classification of the modes of acquiring property in Gaius’ Institutiones, in the Tituli ex corpore Ulpiani, and in D. 41.1 de adquirendo rerum dominio.The special section retraces the investigation of Roman historiography into the subject of ‘transfer of property’ (translatio dominii), with the aim of understanding the differences between modern dogmatic categories and Roman legal frameworks.
Core Documentation
1) B. CORTESE, Roman Legal Science between the Creation and Interpretation of the Law, Napoli 2023;2) E. POSTE, ‘Gai Institutiones’ or Institutes of Roman Law by Gaius, Oxford 1904, pp. 133-168;
3) M. KASER, The Concept of Roman Ownership, in «Tydskrif vir Hedendaagse Romeins-Hollandse Reg. Journal of Contemporary Roman-Dutch Law», 27 (1964), 5-19;
4) D. LIEBS, Biographical Matters about Gaius, in U. BABUSIAUX – D. MANTOVANI (a cura di), Le Istituzioni di Gaio: avventure di un bestseller. Trasmissione, uso e trasformazione del testo, Pavia 2020, pp. 3-28;
5) P. STEIN, The Development of the Notion of ‘naturalis ratio’, in A. WATSON (ed.) Daube Noster. Essays in Legal History for David Daube, Edinburgh 1974, pp. 305-316;
6) E. LEVY, Natural law in the Roman period, in Natural Law Institute Proceedings, II, Notre Dame 1949, pp. 43-72
Attendance
Course attendance is optional; however, it is recommendedType of evaluation
Written exam