Ateneo - UPO

The Roman Law course will focus on the study of Roman private and commercial law from the founding of the city to the Justinian era, organised into the following main areas: Roman law and its sources, including its historical periods; private litigation; contractual acts; persons and the family; property, rights in rem and possession; obligations; adoption; and succession upon death.

For attending students: Matteo Marrone, Manuale di diritto privato romano, Publisher G. Giappichelli, Turin, latest edition, in all its parts, none excluded; plus lecture notes with insights on law and business.
For non-frequent students: Matteo Marrone, Manuale di diritto privato romano, Publisher G. Giappichelli, Turin, latest edition, in all its parts, none excluded; plus Aldo Petrucci, Per una storia della protezione dei contraenti con gli imprenditori, I, Publisher G. Giappichelli, Turin, latest edition, p. 1 to p. 154.

The Roman Law course aims to provide students with the conceptual, historical and doctrinal foundations of the institutions of Roman private and commercial law, covering the period from the founding of Rome (753 BC) and the death of Emperor Justinian (565 AD). It also aims to equip students with the technical terminology and fundamental legal categories of the discipline, enabling them to understand the historical origins of the legal institutions that form the basis of modern and contemporary legal systems and the civil codes of continental Europe.

There are no prerequisites, and no knowledge of Latin or Roman history is required.

Lectures covering the entire syllabus.
The lectures include practical exercises and simulations designed to encourage the active participation of students in the learning process, by fostering the development of a critical and independent mindset.
Attendance is not compulsory, but is strongly recommended from the start of the course, as it significantly facilitates learning. Students are advised to take their own notes during lectures: the notes available for sale on online platforms for university teaching materials are not checked or corrected by me and are very often incomplete and sometimes contain inaccuracies.

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/services-
students-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.

The examination is conducted orally (except for students with disabilities, DSA and BES for whom the University Staff requires the written form) and students enrolled in the first year may divide the program into two parts according to the following:
part one, necessarily at the end of Semester I and in conjunction with the winter session appeals, on the syllabus taken in Semester I (the sources of Roman law; private process; negotiation acts; persons and family), with four questions on each of these subjects.
In case you have successfully passed the first partial, you may take the second partial on the second part of the program, at the end of the II semester and necessarily in conjunction with the summer and fall session appeals, on the program carried out in the II semester (real rights and possession; bonds; donations and succession), with four questions on each of these subjects. There will be at least one question on the business law topics covered in class in the first or partial second. Unattended students will have to answer on the additional Petrucci text in Part II. Once students have successfully passed the second partial as well, the verbalization of the exam grade, given by the average of the grades achieved in the two partials, rounded up, will take place. The possibility of taking the two partials is limited exclusively to the first year, so students who do not show up to take the partials in the manner indicated will have to take the exam in full, on all parts of the program, each of which will be the subject of a specific question.
GRADES
30, 30 and praise EXCELLENT: The student demonstrates a comprehensive and detailed knowledge of the subject matter, expounds in a clear and structured manner, with excellent ownership of language, and is able to adequately grasp the evolving contours of legal institutions.
28,29 OPTIMUM: The student demonstrates a thorough knowledge of the subject matter, expounds adequately-though with minor gaps and/or inaccuracies-employs correct terminology, and is able to place legal institutions in their historical context.
25-27 GOOD: The student demonstrates adequate knowledge of the subject, although he/she does not fully explain the relevant aspects, sometimes does not express him/herself precisely, sometimes is unable to grasp all the elements of the regime of legal institutions and to place them in their context.
22-24 DISCRETE: The student demonstrates acceptable knowledge of the subject matter, sometimes fails to organize the exposition in a structured and coherent manner, denotes gaps and/or inaccuracies of both terminology and content, and struggles to place the institutes in the context of reference.
18-21 SUFFICIENT: The student demonstrates limited knowledge of the subject matter, has present the basic contents of the discipline, but denotes even significant gaps, expresses himself in a confused and unclear manner, and is often unable to place the institutes in the context of reference.
INSUFFICIENT: The student demonstrates completely inadequate knowledge of the subject, does not have the basic content of the discipline in mind, expresses himself incorrectly and ignores technical terminology, and does not respond to questions put to him.

The course will focus on the study of the following subjects: the sources of Roman law; private process; negotiation acts; persons and family; real rights and possession; obligations; donations and succession. Topics related to Roman commercial law (in the context of the treatment of persons and family and obligations) will be covered in the course of the lectures, while nonattending students will study some of the types of businesses that existed in ancient Rome.
Topics attributable to the issues of language and gender equality will be addressed in the treatment of persons and family.

Learning Outcomes:
The Roman Law course aims to equip students with an understanding of the institutions of Roman private and commercial law, from the founding of the city to the Justinian era, identifying – for each legal institution – the relevant historical contexts, the key features of their legal framework and the most significant aspects of their development.
Skills:
a) Historical and evolutionary understanding: students will be able to analyse the evolution of the institutions of Roman private law, placing them within the historical, economic and social context in which they originated and developed, whilst having a clear understanding of the concept, legal framework and any amendments to each institution covered.
b) Technical language: students will be able to acquire and develop a solid command of legal terminology and logical, argumentative reasoning, which are essential for the study of any subject within the legal field.
c) Comparative method: students will be able to compare the institutions of Roman private law with their counterparts in current Italian private law: an understanding of the historical and value-based context of the legal institutions of Roman law and their evolution over time will enable them to develop the awareness and skills necessary for a more informed application of the rules of positive law; they will be able to comprehend the complexity of current legal issues and the historical and cultural references underlying the various legislative and interpretative solutions.