LEARNING OUTCOMES

Evolution of the family law and relationships in Italy and Europe between the Middle Ages and Contemporary Era. Analysis of law sources, doctrine and case law concerning various models of family.

AIMS AND LEARNING OUTCOMES

The course of History of Family Law and Relationships aims to introduce the study of the juridical phenomenon in its historical dimension, with specific regard to family law, in order to make students aware of the historical background of the current legal technicality, namely a tradition and an evolution more than a thousand years old.

Attending the course, as well as participating to the educational activities proposed and the personal work will finally enable the student to:

- know, identify and distinguish the most important periods, legal institutions and personalities of the history of European medieval and modern law (5th – 20th century AD);

- comprehend, coordinate and explain the complicated set of legal sources (customs, legislation, legal doctrine and practice);

- remember and value the connections between legal history and political, social and economic ones;

and therefore to:

• be aware of the importance of considering law, and especially family law, in its historical dimension too, in order to perceive and discuss its changes, continuities and discontinuities.

PREREQUISITES

The essential basics of European history are taken for granted.

TEACHING METHODS

This 36-hour course combines lectures with video-projections. The lectures will present, explain and exemplify the objects of the course program that the student will consequently assimilate through personal work. The slides projected during the lectures will be available, as well as course updates and other educational material, on the e-learning platform “Aulaweb”.

The course attendance is suggested (rules will be explained during the first lectures).

To make studying easier, students will be able to take advantage of the professor’s support during the lectures, as well as during office hours and by appointment made by email. Students will be able to take advantage of teaching assistants and tutors’ support too.

SYLLABUS/CONTENT

The course will be based on the presentation and discussion of the following topics:

- Introduction to history of European juridical and economic experience, from the Middle Ages to the Contemporary Era, with specific regard to marriage, filiation, inheritance, spousal relationship and matrimonial property;

- Early Medieval period. Germanic law with regard to marriage, filiation, inheritance, spousal relationship and matrimonial property.

- Period of ius commune (12th-18th century AD). Marriage, filiation, inheritance, spousal relationship and matrimonial property: legislation, juridical science and practice until the Age of Enlightenment.

- Period of codifications. Marriage, filiation, inheritance, spousal relationship and matrimonial property from the Napoleonic model to the codification of private law in Italy.

RECOMMENDED READING/BIBLIOGRAPHY

Attending students: to pass the final exam it will be necessary to study the following textbook (together with class notes and slides projected during the lessons):

• D. LOMBARDI, Storia del matrimonio. Dal medioevo ad oggi, Bologna, Il Mulino, 2008.

• Students will have to complete the textbook with class notes, which will be available on the e-learning platform “Aulaweb” too (rules will be explained by the professor during the lectures).

Non-attending students: to pass the final exam it will be necessary to study the following textbooks:

• D. LOMBARDI, Storia del matrimonio. Dal medioevo ad oggi, Bologna, Il Mulino, 2008.

• M. G. DI RENZO VILLATA, voce Persone e famiglia nel diritto medievale e moderno, in Digesto italiano delle Discipline Privatistiche-Sezione civile, XIII (1995), pp. 457-527.