The Principles of Roman Law: Origins, Family Law, Law of Real Property I

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The Course of Principles of Roman Law, part I aims at introducing the student into the world of legal thinking, law-creation and case-solving methods. It will use as the laboratory the basic notions of Roman Private Law: presenting its history and law-finding methods, from the beginning of the Law till the Justinianic Compilation, and basic institution of the Family law and law of property.

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Winter Semester:

UNIT 1: Introduction

What is Roman Law. Its role in the legal studies. Reception of Roman law and its doctrine. Presentation of the course. Roman definitions of law, partitions of law and basic legal notions. ius civile, ius honorarium, ius gentium, ius naturale.

UNIT 2–3: The Early History of the Sources of Roman law.

A) Archaic Law. The Law of Twelve Tables. B) Sources of Pre-classical Law: The Birth of the Jurisprudence. The Edict.

UNIT 4: The Later History of the Sources of Roman law.

A) Classical Roman Law: New forms of law creation. Imperial constitutions, decrees of the senate; jurisprudence and the massive growth of the body of law. B) Attempts at Ordination of the whole Body of Law. Postclassical legal collections. Justinian and his codification.

UNIT 5: The Law of Persons. Pater Familias & Familia.

Divisions of Persons. Citizens vs. Non-Citizens. Free vs. Slaves. Autonomous vs. Dependent. Roman Familia. Pater Familias and his Power.

UNITS 6-7-8: The Law of Persons. Slaves, Persons in Power and Their Participation in Commerce. Noxal Liability.

Dominica potestas vs. patria potestas. Slavery. The use of slaves and subjects in transactions: Pater familias' liability for his subjects. The «system» of «actiones adiecticiae qualitatis». Introduction to the Formulary procedure. Cases. Noxal Liability. Cases.

UNIT 9: Guardianship

The notion of Guardianship. Protection of minors. Women and their Standing in Law.

UNIT 10: The Roman Law of Marriage

The purpose of marriage. Various models of marriage in History. The originality and the aim of the Roman constuction. Affectio Maritalis. Pre-requisites of Marriage. Modern Implications

UNITs 11–12: Property and Possession and their Protection; Aquisition of Property and Possession

The notion of Property. Real and personal rights and their protection. Rei Vindicatio. Actio Publiciana. Types of Property. The action: legitimation. Division of Things. Aquisition of Property and Possession. Derivative Modes. Original Modes.

UNITs 13–14: Real Rights/Pledge

Servitudes. Usufruct. Pledge and Mortgage

UNIT 15: The mock-exam

Schulz, Classical Roman Law

Borkowski – Du Plessis, Roman Law

and the materials distributed during the class.

LEARNING OUTCOMES:

UPON COMPLETION OF THE COURSE A STUDENT WILL

[KNOWLEDGE]

1. get acquainted with the technical language of law

2. get acquainted with the basic algorithms of legal thinking.

[SKILLS]

3. be able to search and use materials (inc. foreign) broadening their knowledge acquired during the classes.

4. prepare and present exegeges of easy legal texts (orally and in writing)

5. justify their opinion in a debate in the classroom skilfully using technical language (at least at the basic level)

6. identify a legal problem and suggest its solution

7. communicate orally and in writing in academic English (B2+ level)

[COMPETENCES]

8. value team-work

9. understand and critically comment the legal solutions presented, value diversity as well as justify a variety of – even contrasting – opinions.

Evaluation:

homework evaluation, continuous evaluation of the work at the class, evaluation of the students' participation at Moodle.

A mock-exam after each semester: cases, open questions, followed an oral colloquium .

Final exam: in English (optional) or in Polish (with the regular students of the Polish classes).

The open-book exam in English shall consist of a written part (cases, open questions, text-exegesis) and of an oral part (discussion of the material).