Università Roma Tre

THE COURSE WILL FOCUS ON THE ANALYSIS OF THE STRUCTURE OF PRODUCTION OF SOURCES OF LAW IN DIFFERENT HISTORICAL PERIODS OF THE EVOLUTION OF ROMAN LAW, IN PARTICULAR WITH REGARDS TO THE ACTIVITIES OF JURISTS AND TO THEIR ARGUMENTATIVE TECHNIQUES IN THE FIELD OF MODES OF ACQUISITION OF OWNERSHIP 'PURE GENTIUM'. THE STUDY OF ROMAN JURISPRUDENCE AND OF ITS METHOD ASSUMES PARTICULAR IMPORTANCE IN THE ANALYSIS OF THE WESTERN LEGAL TRADITION AS THE PRODUCT OF JURISPRUDENCE INTERPRETATIO CONSTITUTES THE MOST SIGNIFICANT AND HISTORICALLY PART OF THE JUSTINIAN CORPUS JURIS CIVILIS, WHICH DEPARTS FROM THE EUROPEAN SCIENTIA IURIS .

THE COURSE CONSISTS OF TWO PARTS: A GENERAL PART (3 CFU) AND A SPECIFIC PART (4 CFU). IT IS NORMALLY REQUIRED TO ATTEND THE CLASSES.
THIS PART WILL FOCUS ON THE DIACHRONIC ANALYSIS OF THE SYSTEM OF SOURCES OF LAW, PARTICULARLY WITH REGARDS TO THE RELATIONSHIP BETWEEN JURISPRUDENCE AND OTHER SOURCES OF PRODUCTION RELATED TO THE DIFFERENT INSTITUTIONAL ARRANGEMENTS.
SPECIFIC PART (4 CFU)

THIS PART WILL BE DIRECTED TO INVESTIGATE THE MODES OF ACQUISITION OF PROPERTY 'PURE GENTIUM' IN THE RES COTTIDIANAE OF GAIUS AS WELL AS IN THE TITLE 'DE ADQUIRENDO RERUM DOMINO' OF THE DIGEST (D. 41,1), THROUGH THE EXEGESIS OF JURISPRUDENTIAL SOURCES, SPECIFICALLY SELECTED ACCORDING TO THE CASUISTIC FRAMEWORK OF THE COURSE, WHICH WILL BE DISTRIBUTED IN CLASS ACCOMPANIED BY THEIR TRANSLATION AND BIBLIOGRAPHIC INDICATIONS.

STUDENTS THAT CANNOT ATTEND THE CLASSES MUST PREPARE THEMSELVES FOR THE EXAM ON THE FOLLOWING TEXTS:
PARTE GENERALE
C.A. CANNATA, PER UNA STORIA DELLA SCIENZA GIURIDICA EUROPEA.I. DALLE ORIGINI ALL'OPERA DI LABEONE, TORINO, 1997.
PARTE SPECIALE:
P. VOCI, MODI DI ACQUISTO DELLA PROPRIETÀ (CORSO DI DIRITTO ROMANO), MILANO, 1952 (PRINT ON DEMAND BY CASA EDITRICE GIUFFRÈ, MILANO)
OR:
C.A. CANNATA, CORSO DI ISTITUZIONI DI DIRITTO ROMANO, I, TORINO, 2001, PP. 151 – 555