The course aims to help the students acquire a detailed knowledge of the scientific literature on the themes discussed.
Expected learning outcomes
Capacity for synthesis and for coordinating the subjects studied viewing the legal phenomena from a dynamic viewpoint; Capacity for deepening the knowledge acquired, also through a direct comparison with the main legal and literary sources; Learning and using concepts and an appropriate legal language.
Lesson period: First semester
(In case of multiple editions, please check the period, as it may vary)
The course, for which a basic knowledge of Roman law is expected, will seek to verify each of the arguments which were used to feed the accusation of individualism against Roman law, especially by the legal historians of national-socialism. In particular the figure of the pater familias and the wielding of his powers will be studied in depth (potestas, manus, mancipium). From this viewpoint we will analyse the so-called abuse of rights in the history of privat Roman law, paying particular attention to the wielding of the powers of the pater familias in the sphere of family law.
Prerequisites for admission
A basic knowledge of Roman law institutions is required.
The didactic activity consists of 42 hours of face to face lessons. Attendance is highly recommended.
F. De Martino, Individualismo e Diritto romano privato, 1941, reprint Torino, Giappichelli; U. Bartocci, Salvatore Riccobono, Il diritto romano e il valore politico degli Studia Humanitatis, Torino, Giappichelli, 2012; F. Longchamps de Bérier, L'abuso del diritto nell'esperienza del diritto privato romano, Torino, Giappichelli, 2013, (pp. 1-138).
Assessment methods and Criteria
The exam, as well as testing the level of knowledge in the various subjects of the programme, will also test the acquirement of appropriate technical language, and there will be an oral test; graduate: (0-30/30). Intermediate oral test at the end of the course.