ROMAN LAW

Knowledge and Understanding
The course aims at searching the forms of the legal (leg.) transactions in ancient Rome. In particular, the research will start from the forms of the Roman archaic law: the so called “inner formalism” and its area of influence (“bound” forms and intentional factor) and other types of formal legal transactions with regard to the causa. Then the research will go on with the theme «formalism and market economy»: that is the broad revision of the form-effect relation of leg. transactions; the new rôle of the conventio; the developments of the forms in the legal activity under the Principate. The form of the leg. transactions in the postclassical and justinianic law (the persistence of the archaic forms with the written form; the probative effect of the [written] document) will end the research.
Capability to apply knowledge and understanding
The deepening of the topic “forms” in Roman leg. transacting allows the course to aim at two different objects. Students will be enabled to an accurate exegetical approach to leg. texts that will develop critical skills and stimulate the leg. as well as the comparative reasoning, which are relevant means to solve practical cases

The course will carry out through front-desk lessons. Afterwords the development of the lessons, students will be optional demanded to write up papers about specific items of the program

If the teaching is given in a mexed or remote mod (for reasons related to the Covid 19 epidemic), the necessary changes with respect to what was previosly stated may be introduced, in order to comply witth the program envisaged and reported in the Syllabus.

Learning assessment may also be carried out on line, should the conditions require it.

Aquilian responsability for inflicted unlawfully damage

Classification of torts in roman law. The distinct cases of damage regulated by lex XII Tab. and the general regulation of damage introduced by plebiscitum Aquilium. Dating and critical reconstruction of the legislative test. The goods safeguarded and active or passive legitimation. Noxality and position of the dominus sciens. Regulatory implications of textual reference iniuria. Imputability, guilt and justification cases. The detrimental conducts: occidere and urere, frangere, rumpere. Casual link (direct or indirect), concomitant Conducts, jurisprudential value of references corpore and corpori in relation to damnum caused to others. The aestimatio damni and the modus procedendi: infitiatio, lege agere and agere per formulas, action ex lege Aquilia and praetorian actions (utiles or in factum) aimed at the extension of protection of the injured.

Not attending Students:

A. CORBINO, Il danno qualificato e la lex Aquilia, seconda edizione, Cedam, Padova 2008, pp. 5-13; 33-190

oder

M. O. Genovese, Lex Aquilia e responsabilità per ingiusto danneggiamento, Libreria editrice TORRE, Catania 2021, da p. 16 a p. 188.

Attending Students:

Notes handed out during the teaching and selected pages from A. CORBINO, Il danno qualificato e la lex Aquilia, seconda edizione, Cedam, Padova 2008, or from M.O. Genovese, Lex Aquilia e responsabilità per ingiusto danneggiamento, Libreria editrice TORRE, Catania 2021