Roman law

A.Y. 2020/2021
12
Max ECTS
84
Overall hours
SSD
IUS/18
Language
Italian
Learning objectives
This course aims to make students achieve the knowledge of the institutions of Roman private law and civil procedure within a historical perspective, and also the knowledge of fundamental elements of development of the Roman legal experience.
Expected learning outcomes
- Capacity for synthesis and for coordinating the institutions of Roman law within a dynamic view of the legal phenomena;
- Capacity for making links through recovery of the historical roots of various modern legal institutions;
- Capacity for deepening the acquired knowledge, also through a direct comparison with the main legal and literary sources;
- Learning and using concepts and an appropriate legal language.
Course syllabus and organization

Surname A-C

Responsible
Lesson period
First semester
Traditional lessons with blended learning
Course syllabus
The course is dedicated to a complete exposition of the basic principles of Roman Private Law, and particularly of the following subjects: the plurality of Roman Legal Systems, the Civil Process in its storic evolution, Law of persons and family, Acts and legal transactions, Ownership and other Rights in rem, Law of Obligations, Successions. In the lessons 'll be explained also the cases exposed by Roman jurists on the arguments of the course.
Prerequisites for admission
No preconditions
Teaching methods
Traditional lessons
Teaching Resources
1) F. Gnoli - I. Fargnoli, Institutiones iuris romani, Milano, Led, 2018.

2) I. Fargnoli - M. De Bernardi, Percorsi di diritto romano: tra personae, res e actiones, Torino, Giappichelli, 2017.
Assessment methods and Criteria
The examination consists of an oral test divided into two parts: the first one designed to verify knowledge of topics in program; the second one to test the comprehension of a legal passage chosen from the proposed materials.
Attending students will be allowed to carry out an intermediate optional test, with the object of verifying their capacity of resolving a concret case.
IUS/18 - ROMAN AND ANCIENT LAW - University credits: 12
Lessons: 84 hours

Surname D-L

Responsible
Lesson period
First semester
Teaching methods
The lessons will be held in a mixed form (2 days in presence and 2 days remotely) in presence (2 days) and on the Microsoft Teams platform (always) and can be followed both in synchrony based on the timetable of the first semester, both in asynchronous because they will be registered and left available for students on the same platform or on the Ariel teaching site.

Program and reference material
The program and the reference material will not change.

Verification of learning and evaluation criteria
The exam will take place in oral form using the Microsoft Teams platform or, where the regulation allows it, in attendance, always in oral form.
Course syllabus
The course, for which a basic knowledge of Roman history is expected, centres on the analysis of the Institutions of private Roman law, through a study which recounts their origins and development, always taking into account the different phases and factors governing the evolution of ancient legal history. In this study the different jurisprudential trends and the legal perspective will always be borne in mind.
In particular the following features will be analysed from a historical perspective: the sources of Roman law. The trial. The contractual acts. Individuals and family law. Definitions and classification of the res; real rights, property, servitude, other iura in re aliena, ownership, interdictions of owners. Obligations. Donations; mortis causa successions.
Prerequisites for admission
No prerequisites are required.
Teaching methods
The didactic activity consists of 84 hours of face to face lessons. Attendance is highly recommended.
Teaching Resources
M. Marrone, Manuale di Diritto Privato romano, Torino, Giappichelli (last edition).

Integration of 3 credits:
I. Fargnoli, M. De Bernardi, Percorsi di diritto romano tra personae, res e actiones, Torino, 2017.

Integration of 6 credits:
1) I. Fargnoli, M. De Bernardi, Percorsi di diritto romano tra personae, res e actiones, Torino, 2017.
2) in any handbook of Roman law:
- the law relating to persons
- family law;
- acquisition per universitatem; donatio in Roman Law.
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).
IUS/18 - ROMAN AND ANCIENT LAW - University credits: 12
Lessons: 84 hours
Professors: Bartocci Ugo, Pepe Laura

Surname M-Q

Responsible
Lesson period
First semester
In case of lockdown classes will be held on line on Microsoft Teams. Exams will be held on line "Written exams on paper" on Microsoft Teams. Info on Ariel.
Course syllabus
Institutions of Roman Law studies the legal rules that regulated the lives of Roman citizens for more than one thousand four hundred years: since the foundation of Rome (753 BCE) until the death of Justinian (565 CE). It therefore offers the possibility to follow the changes of a legal system that - although loyal to its principles - knew how to profoundly modify itself and adapt to social, economic and political changes that transformed the burg of shepherds into an Empire that dominated the world. But the fundamental importance of Roman law in legal studies is tied to the influence that Justinian law had on the formation of laws in a large part of modern European countries (and in some extra-European countries). Indeed, over a series of occurrences, the principles, concepts and many precepts of Roman law were absorbed by the legal codes of these countries, making the study of Roman law an essential part of legal education even today.
Analytical program:
Historical introduction to Roman law - Sources of law - Law of persons, family and marriage - Acts - Private trial - Obligations - Rights in rem - Successions.
Prerequisites for admission
The course has no specific prerequisites.
Teaching methods
Frontal instruction.
Teaching Resources
- E. Cantarella, Diritto romano. Istituzioni e storia, Milano, Mondadori, 2010

Integration program:
a) 3 CFU:
L. GAGLIARDI, Studi sulla legittimazione alla "querela inofficiosi testamenti" in diritto romano e bizantino, Milano: Giuffrè, 2017, pp. 1-60.

b) 6 CFU:
- law of persons
- family law and marriage
- successions and donation
on M. Marrone, Manuale di diritto privato romano, Torino: Giappichelli, 2004 (chapters: 4, 7, 8).
or on E. Cantarella, Diritto romano. Istituzioni e storia, Milano: Mondadori, 2010 (chapters: 4, 5, 6, 11).
Moreover:
L. GAGLIARDI, Studi sulla legittimazione alla "querela inofficiosi testamenti" in diritto romano e bizantino, Milano: Giuffrè, 2017, pp. 1-60.

For integrations the exam is only written.
Assessment methods and Criteria
There will be a final written exam with 4 open questions (test duration: 80 min.). The students will receive the grade of the written exam (expressed in 30/30) by email through the SIFA system. At that point, every student will decide between accepting through the SIFA system the grade of the written exam or take an oral exam 3/7 days after the written exam. The final grade (again expressed in 30/30) will be based on the weighted average between written and oral exam. In case of no-choice, the grade of the written exam will be considered definitive. Students with a failing grade in the written exam will not be admitted to the oral exam.
The exam will test students' in-depth knowledge and comprehension of the course contents. In addition to knowledge and understanding of the course material, students will be evaluated according to their ability to appropriately express themselves and effectively communicate technical legal concepts.

For integrations, the exam is only written.
IUS/18 - ROMAN AND ANCIENT LAW - University credits: 12
Lessons: 84 hours
Professor: Gagliardi Lorenzo

Surname R-Z

Responsible
Lesson period
First semester
Lessons timetable:
Monday h. 8.30-10.15 (in person)
Tuesday h. 8.30-10.15 (live in remote mode on Microsoft Teams)
Wednesday h. 12.30-14.15 (in person)
Friday h. 12.30-12.15 (in person)
The classrooms will be equipped with multimedia strumentation, so as to allow connection to students who have not had access to the classroom.
In case of further restrictive measures due to the health emergency, live remote teaching will be guaranteed through the Microsoft Teams platform.
Teaching materials will be available on Ariel platform.
Course syllabus
The program of Roman Institutes concerns the evolution of Privat Law in Rome in the period from 753 b.C., foundation date of Rome, and 565 a.C., year in which Emperor Justinian died.
The lessons will describe the main principles of the most significative areas of the subject, with the objective of recovering the historic roots of the different modern institutes, also taking into account that the ancient distinction in personae (persons), res (goods), actiones (enforcement of rights) is still the basis of the present Civil Code.
The lessons will describe the following topics: periods and sources of production and knowledge of law; legal capacity and capacity to act; facts, acts and legal transactions; obligations (sources, features and single figures of obligations various types of obligations, the performance, the non-performance and its consequences. It will be analysed the origin of the concept of contract and the single figures of typical contracts); private trial; classification of goods; ownership and other real rights; possession; law of succession.
Prerequisites for admission
No specific prerequisites are required.
Teaching methods
Frontal instruction (84 hours)
Teaching Resources
F. Gnoli, I. Fargnoli, Institutiones iuris romani, Milano, 2018.
I. Fargnoli, M. De Bernardi, Percorsi di diritto romano tra personae, res e actiones, Torino, 2017.
Teaching materials will be available on Ariel platform.
Integration program:
a) 3 CFU: I. Fargnoli, M. De Bernardi, Percorsi di diritto romano tra personae, res e actiones, Torino, 2017.

b) 6 CFU:
1) I. Fargnoli, M. De Bernardi, Percorsi di diritto romano tra personae, res e actiones, Torino, 2017; 2) On F. Gnoli, I. Fargnoli, Institutiones iuris romani, Milano, 2018:
- law of persons
- family law and marriage
- successions and donation
Assessment methods and Criteria
The exam will be oral and the mark will be expressed in thirties (and if applicable cum laude).
The examination consists of an oral test designed to verify knowledge of topics in program and the comprehension of a legal passage chosen from the proposed materials.
IUS/18 - ROMAN AND ANCIENT LAW - University credits: 12
Lessons: 84 hours
Professor(s)
Reception:
Email
Sezione di Diritto Romano
Reception:
office hours: Thursday 10-12. Please always write an email in advance in order to get an appointment: laura.pepe@unimi.it
Sezione di Diritto Romano