Fundamentals of European Law
A.Y. 2025/2026
Learning objectives
- Knowledge and comprehension skills: understanding and defining the fundamentals of some Roman institutes.
- Ability to apply knowledge and comprehension: applying the principles of Roman Law where possible also to modern law.
- Independent thinking: developing analytical and comparing skills.
- Communication skills: presenting in a logical way by using appropriate terminology.
- Learning skills: understanding and utilising basic notions, analysing and discussing real cases
- Ability to apply knowledge and comprehension: applying the principles of Roman Law where possible also to modern law.
- Independent thinking: developing analytical and comparing skills.
- Communication skills: presenting in a logical way by using appropriate terminology.
- Learning skills: understanding and utilising basic notions, analysing and discussing real cases
Expected learning outcomes
At the end of the course the student who attended with proficiency will have gained the skill to analyse real cases applicable also to juridical issues of modern law.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
Roman law constitutes a historically significant legal tradition and remains essential for the understanding of modern legal systems. Within this framework, the course Foundations of European Law is designed to outline the principal features of selected Roman-law institutions drawn from different areas of private law, which form the historical foundations of corresponding institutions in contemporary Italian and foreign legal systems.
At a time when university courses are often criticised for their excessively theoretical orientation, this course aims to provide students with analytical tools for the practical application of legal rules. Beginning with factual cases derived from Roman law, the course proceeds to the examination of contemporary legislation, judicial decisions, and doctrinal approaches, maintaining a strong focus on concrete legal problems.
The course adopts a critical approach to the texts of the classical Roman jurists (also made available in Italian translation), highlighting a distinctive method of legal reasoning that continues to serve as a valuable model for the problem-solving activities required of modern legal professionals.
Teaching is conducted in a seminar-based and interactive format, enabling students to become familiar with the casuistic method and to develop critical interpretative skills relevant to contemporary legal practice.
Among the topics to be examined are the following: the language and argumentative techniques of Roman jurists; the interpretation of juridical acts, with concrete examples drawn from the Digest; the "notarial" function of jurists; the sources of obligations and the current Article 1173 of the Italian Civil Code; the distinction between sale and lease in the Gaius case known as the "leasing of gladiators"; buildings for public spectacles and safety regulations; the dispute between the Sabinians and the Proculians concerning specification and the historical development of Article 940 of the Italian Civil Code; Roman usufruct and its regulation in European legal systems; the roots of Aquilian liability and the concept of causation; and Roman law in its relationship with Common Law systems.
At a time when university courses are often criticised for their excessively theoretical orientation, this course aims to provide students with analytical tools for the practical application of legal rules. Beginning with factual cases derived from Roman law, the course proceeds to the examination of contemporary legislation, judicial decisions, and doctrinal approaches, maintaining a strong focus on concrete legal problems.
The course adopts a critical approach to the texts of the classical Roman jurists (also made available in Italian translation), highlighting a distinctive method of legal reasoning that continues to serve as a valuable model for the problem-solving activities required of modern legal professionals.
Teaching is conducted in a seminar-based and interactive format, enabling students to become familiar with the casuistic method and to develop critical interpretative skills relevant to contemporary legal practice.
Among the topics to be examined are the following: the language and argumentative techniques of Roman jurists; the interpretation of juridical acts, with concrete examples drawn from the Digest; the "notarial" function of jurists; the sources of obligations and the current Article 1173 of the Italian Civil Code; the distinction between sale and lease in the Gaius case known as the "leasing of gladiators"; buildings for public spectacles and safety regulations; the dispute between the Sabinians and the Proculians concerning specification and the historical development of Article 940 of the Italian Civil Code; Roman usufruct and its regulation in European legal systems; the roots of Aquilian liability and the concept of causation; and Roman law in its relationship with Common Law systems.
Prerequisites for admission
Basic knowledge of Institutions of Roman Law.
Teaching methods
The course will be organized as an interactive seminar and will be based on the direct reading of the sources (with translation).
Teaching Resources
1) A. PALMA (a cura di), Il diritto romano dopo Roma. Attraverso le modernità, seconda edizione, Giappichelli, Torino 2023, the pages 328-364.
2) G. SANTUCCI, Diritto romano e diritti europei, seconda edizione, Bologna, 2018.
2) G. SANTUCCI, Diritto romano e diritti europei, seconda edizione, Bologna, 2018.
Assessment methods and Criteria
The exam will be oral and the mark will be expressed in thirties (and if applicable cum laude). During the exam it will be evaluated also the ability to present in a logical way with the appropriate terminology.
IUS/18 - ROMAN AND ANCIENT LAW - University credits: 6
Lessons: 42 hours
Professor:
Lo Iacono Sabrina
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