OVERVIEW

Research on the foundations of European law plays an essential role in contemporary legal experience. First of all, reflection on the jurist's method is relevant: the drafting and interpretation of normative and contractual texts draw irreplaceable lessons from knowledge of the scientific activity of Roman jurists. Similarly, reflection on the aspects common to the various European private law systems cannot ignore the awareness of the common Roman matrix.

AIMS AND CONTENT

LEARNING OUTCOMES

Research on fundamentals of European law has a traditional link with the private law: it moves from the convinction that we have to rebuild, as it was until the period of the modern codifications, a European legal science with common principles and methodology. To this end, it is essential to go back to the ancient roots of the legal systems now in force: the elaboration of the Roman jurists, the legislation of the late Roman Empire and then the Roman tradition. The resumption and deepening of some topics of procedural and substantive law through thinking of Roman jurists, diachronically revived and analyzed, constitutes the thematic horizon of the course.

AIMS AND LEARNING OUTCOMES

The course is aimed at providing two essential skills: a) knowing how to understand the regime dictated from time to time for modern legal institutions also in light of their formation within the Roman legal experience; b) knowing how to conduct the interpretation of legal texts in such a way as to grasp the changing relationship between the linguistic-literal aspect of their formulation, the related cultural orientations and the different interests attributable to the context of reference. The examples used will be taken from Roman jurisprudential sources.

PREREQUISITES

Manualistic knowledge of the institutions of public and private law of ancient Rome.

Willingness to compare ancient and modern legal institutions.

Passing the exam of "Institutions of Roman Law" (also expected as a prerequisite on a regulatory level).

TEACHING METHODS

Lessons mainly dedicated to the reading and interpretation, in translation, of Roman jurisprudential sources.

SYLLABUS/CONTENT

Internal Module 1 Linguistic uses and interpretative problems in the sources of Roman law between authoritative texts and contractual documents.

Internal Module 2 Liability for non-performance and extra-contractual tort between subjective legal situations and the exercise of economic activities

RECOMMENDED READING/BIBLIOGRAPHY

Textbooks and reading materials for attending students

M. P. PAVESE, Scire leges est verba tener, Turin 2013.

The following materials will be made available on the "Aulaweb" platform:

a) text, in the original Latin and in Italian translation, of the ancient sources commented in class; b) text of some decisions of the Supreme Court of Cassation that refer to notions of Roman law in the motivation of the decision.

The following reading is also recommended:

M. BRUTTI, Interpretare i contratti. La tradizione, le regole, Turin 2017, limited to pp. XI-XIV and 1-102.

Textbooks and possible reading materials for non-attending students

M. P. PAVESE, Scire leges est verba tener, Turin 2013.

M. BRUTTI, Interpretare i contratti. La tradizione, le regole, Turin 2017, limited to pp. XI-XIV and 1-102.

M. BIANCHINI, Temi e tecniche della letteratura tardoimperiale, Turin, 2008, limited to essays nos. 2, 6, 9, 10, 12, 13, 22, 23, 24, 26.

The Italian translation of the main texts examined in the first and third of the volumes indicated will be made available on the "Aulaweb" platform.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

2nd semester

Class schedule

FOUNDATIONS OF THE EUROPEAN LAW

EXAMS

EXAM DESCRIPTION

Interview

ASSESSMENT METHODS

Interview aimed at ascertaining the student's preparation on the program covered, with particular reference to the ability to place the sure knowledge of the different topics covered in the overall development of the legal experience between past and present.

FURTHER INFORMATION

Preparation for the exam based on notes or summaries taken or written by students other than the candidate with regard to both the lectures and the recommended texts (including the handouts on Aulaweb) is generally inadequate in relation to the interview requirements.