OVERVIEW

The subject of Institutions of Roman law concerns the study of the history of Roman juridical experience from its origins (VIII century BC) to the age of Justinian (VI century AD). Teaching is fundamental as it constitutes the basis for dealing with positive law subjects, allowing students to know the first logically coherent system of rules of conduct and to understand the inseparable link between law and legal science.

AIMS AND CONTENT

LEARNING OUTCOMES

The course aims to guide the knowledge and understanding of the main aspects of Roman legal experience, through its cultural tradition and practical applications, at the basis of the legal systems of continental Europe. In the context of appropriate information on the sources that can be used and on the history of the constitution of ancient Rome, it concerns the development of private, substantive and procedural law, with particular regard to the institutes relating to the organization of the Degree Course.

AIMS AND LEARNING OUTCOMES

Individual study, attendance, and participation in the proposed learning activities will enable students to achieve the following learning outcomes:

- Define and present the main concepts underlying the Roman legal system;

- Understand the institutions of Roman private law, particularly commercial law, and their operating mechanisms;

- Express themselves in appropriate technical legal language.

Based on the knowledge acquired, students should be able to:

- Identify and apply the main reference rules based on the analysis of specific cases drawn from the legal experience of ancient Rome;

- Read and critically examine, with independent judgment, typical Roman law case law (always provided in Italian translation).

In summary, students should acquire an understanding of the importance of Roman law from a historical perspective, recognizing in it the European foundations of commercial law.

PREREQUISITES

No prerequisites required.

TEACHING METHODS

The Course consists of lectures and lessons for a minimum of 36 hours (equal to 6 ECTS), during which the main theoretical notions of Roman law will be presented and analyzed, without forgetting the analysis and discussion of the cases handed down by the jurists of the time. The texts subject to specific study will be uploaded on the Aulaweb platform.

Students with valid certifications for Specific Learning Disorders (SLD), disabilities or other educational needs are invited to contact the teacher and the Department's disability liaison officer at the beginning of the course to agree on any teaching methods that, in accordance with the teaching objectives, take into account individual learning styles.

Students who are unable to attend for certified reasons of work, serious and certified health or family reasons may ask the teacher for access to the recordings of the lectures, without prejudice to the teacher's freedom to grant or deny access.

SYLLABUS/CONTENT

After a preliminary overview of the history of Roman law, focusing on the history of the constitution, the sources of law, and the treatment of legal subjects, the course will explore Roman law at both levels: ius civile and ius honorarium. In particular, the main contractual forms and their legal regulation (including remedies) will be explored, focusing on contracts pertaining to domestic and international trade.

RECOMMENDED READING/BIBLIOGRAPHY

The texts subject to specific discussion and analysis will be available on Aulaweb.

For ATTENDING STUDENTS (the program is aimed at those who are present at least 2/3 of the hours of lessons, the minimum and mandatory limit established by the Regulations, and above all, follow the course with fruitful commitment):

• complete notes of the lessons of this semester,

integrated by the study of the following volume:

• C. A. CANNATA - S. RONCATI, Materiali per lo studio dei diritti reali, Turin, Giappichelli, 2021.

For :NON-ATTENDING STUDENTS:

• P. CERAMI - A. PETRUCCI, Diritto commerciale romano. Profilo storico, Turin, Giappichelli, 2010, 3a edizione. 3-322.

integrated by:

-      Other materials that will be specified by the teacher at the beginning of the Course.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

The Course of European Foundations of Commercial Law will be held in 1st semester a.y. 2025/2026. 

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam, for both attending and non-attending students, is oral and typically consists of four or five open-ended questions. The first question, which can cover any topic from the program, always offers a fairly broad discussion. This is followed by more limited questions, designed to more precisely calibrate the final grade.

Students with valid certifications for Specific Learning Disabilities (SLD), other disabilities, or other educational needs are encouraged to contact the taecher and the Department’s disability coordinator to discuss alternative ways to take the exam.

ASSESSMENT METHODS

The oral exam aims to assess the student's knowledge and understanding of basic theoretical concepts, as well as their legal reasoning skills. Through general theoretical questions and the analysis of concrete cases – which for attending students are always inspired by classroom teaching – the exam will assess whether the student is able to:

- identify and define legal concepts using appropriate technical language;

- identify, distinguish, understand, and assimilate the working methods of ancient jurists;

- understand and interpret, with a critical mind and independent judgment, the main texts of selected cases discussed in class;

- read and critically examine Roman law case law.

Students with a disability or learning disability certification may request compensatory measures during the exam (e.g., additional time, concept maps and diagrams, modifications to the written/oral format).

FURTHER INFORMATION

Further communications relating to the Course will be provided through Notices published in Aulaweb.