Romanistic Foundations of Private Law (2020/2021)

Course code
4S000517
Name of lecturer
Carlo Pelloso
Coordinator
Carlo Pelloso
Number of ECTS credits allocated
9
Academic sector
IUS/18 - ROMAN AND ANCIENT LAW
Language of instruction
Italian
Location
VERONA
Period
2° periodo di lezioni - febbraio/marzo 2021 dal Feb 15, 2021 al Mar 29, 2021.

Lesson timetable

Go to lesson schedule

Learning outcomes

The course aims at providing the students with the main private law categories through the study of the cases examined by the Roman jurists, as well as through the modern theories grounded on Roman sources. In the view of this goal, one will never ignore the Italian legal rules in force, both included in statutes and deriving from judgments. The lectures will focus on substantial and procedural Roman law (above all with regard to the classical law of obligations); they will explain the elementary discipline of the institutes created by the Roman legal science as well as they will describe the conceptual and technical equipment which nowadays represents a fundamental device for interpreting positive law. The course also aims to encourage students to consider specific legal issues: students should become familiar with the methodological tools needed to apply theoretical knowledge to private law issues.

Syllabus

General part:
- Sources (6 h.);
- Trial (16 h.);
- Legal acts (6 h.);
- Individuals (2 h.);
- Obligations (24 h.).

Special part:
In-depth studies on the subject of Roman legal science.
Given that the aim of the course is to provide institutional preparation, the teaching method aims at promoting learning through frontal lessons that expose the institutions taking into account their inseparable logical and systematic correlation.
In line with the expected learning outcomes, the approach to some practical cases as final moments of the analysis will not be neglected.
Any conferences and/or seminars of interest for the topics dealt with, tutoring activities and optional workshops related to the course will be reported from time to time during the lectures.

ERASMUS students are kindly requested to contact the Professor at the beginning of the course, in order to arrange the program of the examination, which will consist in the discussion of a written paper about a specific topic.

Textbooks
General part
A. LOVATO, S. PULIATTI, L. SOLIDORO MARUOTTI, Diritto privato romano, Torino, 2017 (pp. 1-128, 148-179, 212-241, 428-616)

Special part
L. GAROFALO, Fondamenti e svolgimenti della scienza giuridica. Nuovi saggi, Torino, 2015 (two essays selected by the student).

Reading a full and updated civil code is strongly recommended.

Teaching material

Teaching material will be uploaded on the e-learning platform.

Reference books
Author Title Publisher Year ISBN Note
A. Lovato, S. Puliatti, L. Solidoro Maruotti Diritto privato romano - seconda edizione Giappichelli, Torino 2017
L. Garofalo Fondamenti e svolgimenti della scienza giuridica. Nuovi saggi Giappichelli, Torino 2015

Assessment methods and criteria

Objectives of the examination
Assessing the knowledge of the substantive and procedural institutions of private law in the light of their Roman origins.

Contents and methods of carrying out the assessment tests
The examination will take place for all - attending and non-attending students - both in written form limited to the general part (with the submission of five open questions to which the student must answer in the total maximum time of twenty-five minutes), and by interview, in which, after a brief illustration and commentary on the written test, the knowledge of the general part as well as of the special part will be further examined.

Valuation criteria and explanation of the final mark
The final evaluation is expressed in thirtieths (30/30). The evaluation between 18 and 20 corresponds to a sufficient, yet low and basic, knowledge of the contents; the evaluation between 20 and 25 shows a more than sufficient / discreet knowledge of the contents; the evaluation between 25 and 29 shows a good / very good knowledge of the contents together with commendable critical skills. The evaluation between 30 and 30 cum laude corresponds to a very good / excellent knowledge together with high critical, analytical and connection skills. The study of the special part will also be taken into account in the evaluation of the critical capacity.

Language used in the final test
Italian