Università Roma Tre

The course of Roman Law will take place through the analysis and discussion of specific cases. In particular, the problems arising from each case will be treated in a diachronic comparative perspective, making comparisons between the approach adopted by the Roman jurists and the contemporary legal regime, with particular regard to the Italian legal system and other European legal systems.
The first part of the course will focus on an in-depth study of the casistic method, in relation to the analysis of the role of the "regula iuris" held in Roman jurisprudence, which followed the development of the Roman legal system up to the post-classical period. With particular regard to the evolution of the sources of Roman law, the study will deepen the main stages of the history of jurisprudence.
In the second part of the course will be deepened some concrete aspects of Roman contract law such as the profile of protection for defects of things sold and leased through the case-law solutions of 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.