Università Roma Tre

The course of Roman law has monographic approaches and it is directed to explore the techniques of legal reasoning developed by Roman jurisprudence and their contribution in the construction of modern legal science.
To this end, the course is divided into two modules, one general and one monographic.


The general module focuses on the study of the sources of Roman law, from the ancient period to the compilation of Justinian, in their dual role as sources of knowledge and sources of law.

The attention will be particularly focused on the role of Roman jurisprudence, as a driver of productive law and a filter between the sources of law and practice. Specific insights you have on the methodology of interpretation of ‘creative jurisprudence’ with the analysis of the method by studying the texts of the Roman literature .
The special module, focusing on the analysis of one or more ' institutions ' or ' problem areas ', will focus on the analysis of the solutions, as a kind of case law, on law of obligations.

The program for attending students will deal with the support of the following texts:


L. VACCA, La giurisprudenza nel sistema delle fonti del diritto romano, Seconda edizione riveduta ed ampliata, Giappichelli, Torino, 2012 (excepted Cap. IV ai paragrafi 2; 3.3; 3.4; 4; 5 only for the texts indicated in the classroom; 7 e 8)

and


B. CORTESE, Pagamento di indebito e tutela restitutoria, Jovene, Napoli, 2022

The description of the parties that will not be the subject of study will be carried out during the course.
Class attendance is recommended.

The program for non-attending focuses on the study of texts :

L. VACCA, La giurisprudenza nel sistema delle fonti del diritto romano. Seconda edizione riveduta ed ampliata, Giappichelli, Torino, 2012.

and

B. CORTESE, Pagamento di indebito e tutela restitutoria, Jovene, Napoli, 2022

The course programme consists of two parts: a general part and a specific part.
General Part
This part will focus on the analysis, through the reading of the sources, of the structure of production of sources of law in different historical periods of the evolution of Roman Law, particularly with regards to the activities of Jurists and to their argumentative techniques.
Specific Part
This part, whose focus is the problem solving, is intended to deepen, through examination of some cases reported in the responsa prudentium, techniques of legal reasoning developed by Roman jurisprudence particularly with regards to casistic method.

General Part
VACCA L., La giurisprudenza nel sistema delle fonti del diritto romano. Corso di lezioni, II edizione riveduta ed ampliata, Giappichelli, Torino, 2012
Special Part
Il diritto romano caso per caso, a cura di L. Solidoro, M. Scognamiglio, P. Pasquino, Giappichelli, Torino, 2018

The students who attend the class have to integrate the study of the recommended texts with the notes of the frontal lessons and seminars and for these students a particular programme can be provided according to the contents of the frontal lessons and the indications of the Professor.