We shall focus on just a few elements of Roman Private Law and be concerned mainly with the analysis of the documents that constitute the main source for law historians.
Course Prerequisites
Only the students who have passed the exam of Institutes of Roman Law will be able to enroll in this course. Basic knowledge of ancient history; adequate logical skills; aptitude for reasoning.
Teaching Methods
The comparison with the ancient sources, historical and legal is constant. When possible, the lessons will begin with the examination of photocopies of documents distributed to students. A written description, in the form of global summary of the topics illustrated during each lesson, will be made available to the students.
Assessment Methods
The exam consists of an oral examination, meant to assess the candidate's knowledge. Knowledge and critical understanding of the content are checked. The vote is the average of the votes assigned to each answer.
Texts
Attenders: The attending students will study on the materials and notes distributed and commented in class (KIRO-UNIPV). Non-attending Students: They will explore, on their own, the topic of citizenship in Rome and in the modern world. To this end, they will have to prepare themselves on these two volumes, both of which will be examined: - V. Marotta, La cittadinanza romana in età imperiale (secoli I-III d.C.). Una sintesi, Giappichelli Editore, Torino, 2009 (a eccezione delle pagine: 62-63; 123-126; 165-193). - V. Marotta, Ius sanguinis. La storia e le sue mistificazioni, Satura Editrice, Napoli, 2023, pp. XL-218*. *It is obvious that every non-attending student will be able to agree with the professor an examination program closer to his or her interests.
Contents
The Lex Aquilia and liability for unjust damage: 1. A law of cases and actions guided by jurists -. 2. The Twelve Tables, the interpretatio pontificum and the formation of ius civile -. 3. The new republican jurisprudence and the birth of the ius controversum -. 4. Protagonists and structure of the formulary process -. 5. The praetor, the Edict and the ius honorarium -. 6. The three capita (three chapters or three sections) of the Lex Aquilia and the interpretation of jurists -. 7. Actio directa, actio utilis, actio in factum -. 8. Reading, translation and commentary on Book XVIII of the ad edictum by Cn. Domitius Ulpianus.
Course Language
Italian
More information
Workshop credit To obtain workshop credit, students are asked to make an effort in class and at home. During the lessons, the professor will propose different examples concerning the lex Aquilia de damno. At home the student will prepare a written report on one or two cases that are more significant than others concerning this topic. Each paper will be the subject of an in-depth classroom discussion. The professor will assess whether the work carried out is sufficient to acquire the CFU and will give a mark which will be taken into account in the examination. Obviously those who have acquired the workshop CFU will bring to the examination a reduced syllabus corresponding to 1 CFU, as they will not have to answer point 9 (The lex Aquilia de damno: see below) of the syllabus (Student Guide 2025-2026). Non-attending students and attending students, who have not acquired the workshop CFU, will respectively take the syllabus indicated for them in this Student Guide (2025-2026). It is possible to arrange personal appointment with the Professor by e-mail, in person or remotely, also after 6:00 p.m.