Università Roma Tre

The Roman Law course will be carried out through the analysis and discussion of specific cases. In particular, problems arising from each case will be treated in a diachronic comparative perspective, making comparisons between the approach adopted by Roman jurists and the contemporary legal regime, with specific regard to the Italian and other European legal systems.
The first part of the course will be focused to an in-depth study of the casuistic method, in relation with the analysis of the role of the “regula iuris” held in the Roman jurisprudence, which followed the development of the Roman legal system up to the post-classical period. With specific regard to the evolution of the sources of Roman law, the study will take a close look at the main stages of history of jurisprudence.
In the second part of the course will be deeped some concrete aspects of roman contractual law such as the profile of protection for defects of the things saled and leased, that was created through the casuistic solutions of the jurists.

Program for the attending students:
First part reference text: B. Cortese, Roman legal science. Between creation and interpretation of the law, Jovene, 2023 (except those parts that will be signed during the course)
Second part: attending students may limit their study to the contents and materials of the lessons. Some recommended readings will be reported from time to time during the lectures.

Program for the non-attending students:
The reference texts of the first part is: B. Cortese, Roman legal science. Between creation and interpretation of the law, Jovene, 2023)
The reference texts of the first part are:
1) R. Zimmermann, The law of obligations. Obligatio, 1-18
2) R. Fiori, The conception of contract, in Obligations in Roman Law - edited by Thomas A.J. McGinn.
3) Mourousakis, Fundamentals of Roman Private Law, pp. 219-234
4) R. Zimmermann, The law of obligations. Seller’s liability for defects, 305-322.
5) R. Zimmerman, The lessor's liability, 360-375.

The indicated texts must be use all (they are not provided as an alternative). The texts of the second part are available on e-learning.