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 is also available online at the following link: 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 training offer of the course by also giving due space to the professional dimension, the testimony of a legal practitioner (lawyer, magistrate, notary (lawyer, magistrate, notary or corporate lawyer) who will illustrate in practical terms what it means to be a legal practitioner today. Students with physical disabilities, Learning Disabilities or Special Education Needs can request specific services and tools via the Staff Sviluppo e Coordinamento Carriere e Servizi alle Studentesse e agli Studenti, consulting the University webpage: https://www.uniupo.it/en/services/servicesstudents-physical-or-learning-disabilities Students with disabilities, learning disabilities or special education needs, once they have contacted the University Staff, can refer to the tutor in charge of the course to define the examination modalities, concerning academic aspects.

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) Partition of a succession.

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.