The course offers a historical overview of the Roman legal experience from its origins (8th century BCE) to the age of Justinian (6th century CE). The first part outlines the essential features of the Roman constitutional system, the sources of law, and some aspects of Roman “international” and criminal law. The second and more extensive part is devoted to the institutional development of Roman private law: persons and family, private trial, ownership and possession, obligations and contracts, succession and donations. 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 overall aim of the course is to provide students with a foundational understanding of the Roman legal experience in its various dimensions and historical phases, given that the Roman legal tradition forms the basis of modern legal systems in Italy and much of continental Europe. By the end of the course, students are expected to have gained a historical perspective on the development of Roman law – including public law, legal sources, and private law – thus enabling them to approach the study of contemporary legal systems with greater historical awareness.
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 evolution of Roman private trial, 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 donations.
Through individual study, regular attendance, and participation in classroom activities, students will:
Basic knowledge of ancient, modern, and contemporary history.
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.
Students who attend at least three-quarters of the classes (i.e. 40 hours) are considered attending students.
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:
For non-attending students:
Ricevimento: Students may meet Prof. Paolo Costa by appointment at the Roman Law Section, Via Balbi 30, 4th floor. Appointments should be arranged via email.
PAOLO COSTA (President)
MARCO PIETRO PAVESE
ROSSELLA LAURENDI (Substitute)
STEFANIA RONCATI (Substitute)
Second term 2025/2026
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.
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:
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 (p. 5). For further assistance, students may contact the designated professor: Isa.Fanlo@unige.it.
Students are considered attending if they have participated in at least 75% of the lectures.
