Ateneo - UPO

The course aims to present the main institutions of Roman Private Law of Gifts and
Successions mortis causa considered in their historical development and in relation
to the modern private law

The course (and therefore also the final exam) is divided into a part of Roman Law
and in a part relating to the current civil law, whose references are altogether
indicated below:
a) for the part relating to Roman Law – after an appropriate revision of the chapters
on Gifts and Successions mortis causa which will take place on the volume of
Institutions of Roman Law used to take the related exam, or on S. PULIATTI, De
cuius hereditate agitur. Il regime romano delle successioni, Giappichelli Editore,
Torino, 2016 – the study will be conducted on P. ARCES, Studi sul disporre mortis
causa. Dall’età decemvirale al diritto classico, LED Editore, Milano, 2013. The book
i s a l s o a v a i l a b l e o n l i n e a t t h e f o l l o w i n g l i n k :
http://www.ledonline.it/rivistadirittoromano/allegati/arces-studi.pdf
b) for the part relating to the current Italian Law, G. BONILINI, Manuale di diritto
ereditario e delle donazioni, UTET, Torino, last edition.

Knowledge of the aforementioned institutions, in their historical context and in their
relationship with the modern Italian Civil Law.

It is necessary to have passed the exam of Institutions of Roman Private Law.
It is also recommended to have passed (or studied) Institutions of Private Law and
Commercial Law.

Lectures in a traditional manner, followed by a series of practical exercises,
obligatory for attending students.
Recommended frequency.

In order to enrich the educational offer of the course also giving the right space at
the professional dimension, it will be provided the testimony of a person applying
the law (lawyer, judge, notary or company lawyer) who will explain in practical terms
what it means today to be applying the law.

In the final examination will be evaluated the acquisition of knowledge and skills
expected at the end of the course, using an interrogation takes of about twenty
minutes.

The course, dedicated to the principles of Roman Law of Gifts and mortis causa
Successions, illustrates the main institutes of the referred matters in their historical
evolution and their relationship with the current Italian Civil Law.
It will be for most set by practical exercises, obligatory for attending, aimed at
expanding the writing techniques of deed of gift and wills, and to acquire a greater
familiarity with the following conceptual areas:
1) Free and gratuitous deeds, deeds of generosity and spirit of liberality.
2) Gifts, legal nature and types of gift, in Roman Law and in the current Italian Law.
3) Successions mortis causa, of a universal and particular title; legitimate and
testamentary.
4) Legal heir and necessary heir.
5) Institution of heir and legacy.
6) Forms of wills, in Roman Law and in the Italian Law.
7) Testamentary provisions and limits the freedom to dispose by will.
8) Interpretation of the testator’s will.
9) Formalities of the will.
10) Division of the estate.

Knowledge of the main institutes and concepts of the law of gifts and mortis causa successions in ancient Rome in their historical evolution and in relationship with the analogous sector of current Italian law.