OVERVIEW

This course introduces a summary of European legal sources, juridical science and practice, with specific regard to family law between the Early Middle Ages and the Contemporary Age, paying particular attention to Italian area. It provides the student with the knowledge and methodology for comprehending the development of family law and relationships and for noticing continuities and discontinuities in juridical experience between past and present.

AIMS AND CONTENT

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.

TEACHERS AND EXAM BOARD

Exam Board

ROBERTA BRACCIA (President)

RICCARDO FERRANTE

DANIELE COLONNA (Substitute)

MATTEO CARMINE FIOCCA (Substitute)

MAURA FORTUNATI (Substitute)

FEDERICA FURFARO DEGASPERI (Substitute)

LESSONS

LESSONS START

I semester from September 14th to December 4th 2020
II semester from February 15th to May 7th 2021

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

Attending students:

the final exam will be oral and based on lectures, slides and textbooks. The final judgement will be given by a specific examination board, using a 30-point scale that can be divided into failing (0 to 17) and passing (18 to 30 cum laude) grades. To take the final examination, students must previously enroll online. Candidates are asked to cancel online the enrollment, in case they decide not to take the exam.

Non-attending students:

the final exam will be oral and based on textbooks. The final judgement will be given by a specific examination board, using a 30-point scale that can be divided into failing (0 to 17) and passing (18 to 30 cum laude) grades. To take the final examination, students must previously enroll online. Candidates are asked to cancel online the enrollment, in case they decide not to take the exam.

Non-attending Erasmus students:

the final exam will be oral and based on 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.

The final judgement will be given by a specific examination board, using a 30-point scale that can be divided into failing (0 to 17) and passing (18 to 30 cum laude) grades. To take the final examination, students must previously enroll online. Candidates are asked to cancel online the enrollment, in case they decide not to take the exam.

ASSESSMENT METHODS

During the final oral examination, a specific examination board will ask the candidate a multiplicity of questions. By answering, the candidate will be asked to demonstrate learning and understanding of the program.

The student will have to be able to comprehend the importance of considering law in its historical dimension and to distinguish the most important periods, legal institutions and personalities, by coordinating medieval and modern legal sources, discovering the connections between legal history and political, social and economic ones and debating changes, continuities and discontinuities. Therefore, the assessment will be based also on the quality of the oral exposition, the correct use of juridical language and especially on the capacity of critical thinking.

Exam schedule