OVERVIEW

The course offers a historical overview of the Roman legal experience from its origins to the age of Justinian. The first part outlines the essential features of the Roman constitutional system and the sources of law. The second and more extensive part is devoted to the institutional development of Roman private law. This historical-legal perspective allows students to identify principles that continue to underpin modern forms of state and government, to recognize the origins of many current legal concepts. and to become familiar with the interpretive methods employed by Roman jurists. The interpretative method of Roman jurists also allows one to acquire the sensitivity necessary for the exercise of legal practice in relation to contemporary social and economic phenomena.

AIMS AND CONTENT

LEARNING OUTCOMES

The course aims to understand the fundamental notions of Roman legal experience in its different periods including public law, legal sources, and private law to identify the logical-argumentative techniques used by Roman jurists in the scientific elaboration of law. By the end of the course the students will acquire the methodology and hermeneutics essential for the formation of the jurist.

AIMS AND LEARNING OUTCOMES

The course begins by situating the development of the concept of law (ius) and its various classifications within the broader evolution of Roman constitutional structures—from the monarchy to the Late Empire. It explores the history of pontifical and secular jurisprudence, the role of jurists in the formation of legal doctrine, the functions and powers of magistrates and popular assemblies, the legislative activity of the emperor, and the codifications of Late Antiquity, with particular emphasis on the Corpus Iuris Civilis.

The second part of the course focuses on the law of persons and family, including legal capacity, familial relationships, and associations. It then examines the legal concept of res and the classification of ownership and real rights, including dominium ex iure Quiritium, both derivative and original modes of acquisition, and rights in the property of others.

The final part of the course is devoted to the concept of obligatio and the various categories of obligations. Particular emphasis is placed on the emergence of the concept of contract through close reading of juristic sources, and on the traditional quadripartite classification of contracts. The course concludes with an examination of the law of succession and of the evolution of Roman private trial.

Through individual study, regular attendance, and participation in classroom activities, students will:

• Understand the main social and economic dynamics that shaped key institutions of Roman private law.
• Read and critically interpret Roman juristic sources using historical-legal hermeneutics, and grasp the logical and argumentative processes employed by Roman jurists.
• Distinguish and understand the historical development of various contractual typologies.
• Gain awareness of the importance of historical context in legal phenomena.
• Using appropriate legal terminology.

PREREQUISITES

Basic knowledge of ancient, modern, and contemporary history.

TEACHING METHODS

The course consists of 54 hours of lectures (equivalent to 9 ECTS), during which the main aspects of Roman constitutional and private law will be presented and analysed. Juridical texts, imperial constitutions, and legal documents will also be examined and discussed. These materials will be provided during lectures and made available on the Aulaweb platform.

SYLLABUS/CONTENT

The role of Roman law in legal education. The concept and classifications of law: ius civile, ius gentium, ius honorarium. The foundation of Rome. The Latin-Sabine monarchy. The Etruscan monarchy. Leges regiae and mores. Pontifical jurisprudence. The constitutional development of the res publica. Assemblies and their functions. Characteristics of the magistracies. Leges, plebiscita, senatusconsulta. Secular jurisprudence. The historical evolution of the edict. The crisis of the Republic and the emergence of the Principate. Lawmaking during the Principate; imperial constitutions; the consilium principis and the imperial bureaucracy. The constitutional structure of the Late Empire; the codifications of Late Antiquity; the Corpus Iuris Civilis.

The law of persons and family. Status libertatis, civitatis, and familiae. Marriage and divorce. Dowry. Guardianship and curatorship. Res: concept, classification, relevant types. Ownership and possession. Modes of acquisition of ownership. Different types of Real rights.

Obligations: concept of obligatio, sources of obligations, notion of contract. Contracts, delicts, quasi-contracts, and quasi-delicts. Extinction of obligations. Law of succession: wills and their forms, legacies and fideicommissa. Private procedure: legis actiones, formulary procedure, and cognitio extra ordinem.

RECOMMENDED READING/BIBLIOGRAPHY

The exam will be based on carefully taken lecture notes, complemented and integrated with specific sections from the textbooks listed below.

The sources discussed in class will be available on Aulaweb.

For attending students:

F. Costabile, Temi e problemi dell’evoluzione storica del diritto pubblico romano, Giappichelli, Torino, 2016: Cap. II, pp. 39-73; Cap. III, pp. 80-84; Cap. IV, pp. 93-136; Cap. V, pp. 137-205;  Cap. VI, pp. 207-224

M. Marrone, Manuale di diritto privato romano, Giappichelli, Torino 2004, Cap. II, pp. 29-76; Cap. III, pp. 77-121; Cap. IV, pp. 123-175; Cap. V, pp. 177-240; Cap. VI, pp. 241-339; Cap. VII, pp. 341- 345; Cap. VIII, pp. 347-396

For non-attending students:

F. Costabile, Temi e problemi dell’evoluzione storica del diritto pubblico romano, Giappichelli, Torino 2016, Cap. I, pp. 15-37; Cap. II, pp. 39-73; Cap. IV, pp. 93-136; Cap. V, pp. 137-205; Cap. VI, pp. 208-224

G. Pugliese - F. Sitzia - L. Vacca, Istituzioni di diritto romano, Torino 2012, pp. 1-496

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

Second term 2025/2026

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam, designed to assess students’ knowledge of the course, will take the form of an oral exam consisting of a number of open-ended questions.

Attending students will also be required to demonstrate familiarity with the primary sources analysed during the course, in addition to the assigned readings.

ASSESSMENT METHODS

The oral exam aims to evaluate students’ grasp of fundamental theoretical concepts and their ability to contextualize legal phenomena within different social realities. Through general theoretical questions and (for attending students) analysis of the primary sources discussed during the cours, the exam will assess the student’s ability to:

• Identify and define legal concepts using appropriate technical terminology.
• Understand the Roman legal experience within its social and political evolution.
• Historically contextualize Roman legal concepts.
• Interpret juristic sources critically.
• Identify contract types through the analysis of concrete legal practice documents.

Students with certified disabilities or specific learning disorders (DSA) may request reasonable accommodations during examinations (e.g., additional time, adjustments to oral/written formats) by following the procedures outlined in the guidelines available here (p. 5): https://urlsand.esvalabs.com/?u=https%3A%2F%2Funige.it%2Fsites%2Funige.it%2Ffiles%2F2024-05%2FLinee%2520guida%2520per%2520la%2520richiesta%2520di%2520servizi%252C%2520di%2520strumenti%2520compensativi%2520e_o%2520di%2520misure%2520dispensative%2520e%2520di%2520ausili%2520specifici%2520Maggio%25202024.pdf&e=ed7a584b&h=c6c72b42&f=y&p=y&l=1. For further assistance, students may contact the designated professor: Isa.Fanlo@unige.it.

FURTHER INFORMATION

Students are considered attending if they have participated in at least 75% of the lectures.