Course program
The course will focus on the principles of the Roman legal system.
The number of general principles of law that the "case law" has spelled their roots, implicitly or explicitly, in the Roman tradition and their development in the ius commune.
Consensus and aequum et bonum are the foundations of the concepts of populus, bona fides and jus. They are the essential foundations of contemporary European legal systems, inspired by the Roman legal system. The study of legal principles leads to an understanding of concepts and laws, as res publica, lex, interpretation, person, contract, ownership, possession, commercial enterprise, on which contemporary based Romance of inspiration.
Particular attention to concepts and institutions of the public administration, such as the production, interpretation and application of laws, the (public) power, public goods, the negotiating autonomy of private individuals.
The course will be divided into five parts:
I- Legal systems and principles of the "Civil (Roman) Law" system.
II- Sources of law.
III- Constitutions and principles.
IV- Private law (persons, things, obligations, good faith).
V- Public law (people, state and powers, public and common goods, particularly water).
Prerequisites
It is appropriate the knowledge of the text of the Liber singularis enchiridii of the jurist Pomponio in D. 1. 2. 2. pr.-53 and of Constitutio Tanta of Empereor Giustiniano (whose translation in Italian is available in http://dbtvm1.ilc.cnr.it/digesto)
Books
− A.Petrucci, Fondamenti romanistici del diritto europeo, Parte I, Giappichelli editore, Torino, 2018 [limitatamente alle seguenti parti: Parte prima, Capitolo I (pp. 3-22), Capitolo II (pp. 23-44), Capitolo III (pp. 45-56); Parte seconda, Capitolo I (pp. 59-135); Capitolo II (pp. 137-237)]
− F. Vallocchia, voce Legge (Concetti e sistema), in Enciclopedia della bioetica e scienza giuridica, 7, 2014, pp. 876-886 (disponibile in formato pdf facendone richiesta a franco.vallocchia@uniroma1.it)
− F. Vallocchia, Studi sugli acquedotti pubblici romani. I. La struttura giuridica, Jovene editore, Napoli, 2012 [limitatamente alle seguenti pagine: 63-120]
Teaching mode
The course is essentially based on Roman sources and in particular on the legal sources and texts that make up the Corpus Iuris Civilis, with particular reference to the Justinian Digests. Every source is given translation in Italian. The aim of the course is the knowledge of the Roman legal system, in its historical development through the centuries up to Justinian, in order to mature the awareness of the Roman foundations of today's Italian legal system, to be understood within the larger legal system so-called 'Civil (Roman) law'.
Frequency
During the lessons will be examined Roman, modern and contemporary legal sources. For what concerns the written sources in different languages, students will be able to make use of the translations in Italian present in the texts and / or provided by the teacher during the lessons
Exam mode
Oral examination
To pass the exam you must obtain a grade of not less than 18/30. The student must demonstrate that he has acquired sufficient knowledge of the subjects. To achieve a score of 30/30 cum laude, the student must demonstrate that he has acquired excellent knowledge of all the topics covered during the course, being able to link them in a logical and consistent way.
Bibliography
Pomponio in Digesta Iustiniani 1.2.2
Constitutio Tanta (Giustiniano)
Paul Koschaker, L'Europa e il diritto romano, Firenze 1962 (Europa und das römische Recht, Berlin 1947)
Riccardo Orestano, Introduzione allo studio del diritto romano, Bologna 1987
Lesson mode
The course is essentially based on Roman sources and in particular on the legal sources and texts that make up the Corpus Iuris Civilis, with particular reference to the Justinian Digests. Every source is given translation in Italian. The aim of the course is the knowledge of the Roman legal system, in its historical development through the centuries up to Justinian, in order to mature the awareness of the Roman foundations of today's Italian legal system, to be understood within the larger legal system so-called 'Civil (Roman) law'.
