Logo UAB
2021/2022

Roman Law

Code: 102231 ECTS Credits: 6
Degree Type Year Semester
2500786 Law FB 1 1
The proposed teaching and assessment methodology that appear in the guide may be subject to changes as a result of the restrictions to face-to-face class attendance imposed by the health authorities.

Contact

Name:
Teresa Giménez Candela
Email:
Teresa.Gimenez.Candela@uab.cat

Use of Languages

Principal working language:
spanish (spa)
Some groups entirely in English:
No
Some groups entirely in Catalan:
No
Some groups entirely in Spanish:
Yes

Teachers

Carme Tort-Martorell Llabrés
Marine Celine Sophie Lercier

Prerequisites

For the purposes of an adequate monitoring of Roman Law, a good knowledge and understanding on the part of the students of the basic institutions covered by the Programme is of great interest.

At the same time, an understanding of the discipline entails an adequate deepening of the subjects covered and a great advantage in being able to read complex texts and understand them.

Objectives and Contextualisation

Roman Law is a subject taught in the first term of the first year of studies. This is a subject that allows the student to acquire basic notions of an essential subject - Private Law and the History of European Law Institutions - within the Degree.

Thus, Roman Law has the academic utility of critically opening up the great topics that will later be developed in the various subjects with institutional content and thought that make up our legal system in the Western world.

In this sense, Roman Law is the basis from which the knowledge and understanding of legal institutions, the legal vocabulary, the understanding of a complete legal system in all its manifestations, as well as the development of analytical capacity and legal criticism between the initial months of graduation will be developed.

From the formative perspective, Roman Law aims to achieve several objectives for the student, among which we would like to highlight the following:

Study of legal thought, from its origins in Rome to its projection in the European and Latin American Codifications. Knowledge of the Private Law Institutions that make up the European Legal Culture and Global Law.

The exercise of critical thinking and reflection on the intimate connection between the enunciation of rights and their procedural protection.

Seek the sources and argue what may be, in each case, the solution best suited to the law (i.e. the ius, as a procedural position).

Competences

  • Contextualizing the several forms of creation of law in its historical evolution and its current situation.
  • Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
  • Identifying and solving problems.
  • Identifying, knowing and applying the basic and general principles of the legal system.
  • Integrating the importance of Law as a regulatory system of social relations.
  • Memorising and utilising legal terminology.

Learning Outcomes

  1. Applying the procedural defence resources of law.
  2. Assessing the evolution of law in Rome in relation to the social and economic evolution of the society producing it.
  3. Assessing the revitalizing and creative role of Roman jurisprudence.
  4. Assessing their influence in the European legal tradition.
  5. Critically thinking about a jurist law versus a law based in the force of the law.
  6. Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
  7. Describing the fundamental legal concepts, in the Roman law and the current private law.
  8. Distinguishing the foundations of the Institutions of Roman Private Law.
  9. Distinguishing the role and independence of legal judgements, in the face of the facultative control exercised by the Edict-announced magistrate resources.
  10. Identifying and differentiating the sources of law.
  11. Identifying and solving problems.
  12. Reviewing the impact of the Justinian law and the influence of the Corpus Juris Civilis in the Western legal tradition.
  13. Underlying that same evolution in the Western legal tradition.
  14. Using basic legal terminology in in terms of procedural matters: individual and family law, succession law, property law and rights in rem, law of obligations and contracts.

Content

Content

The course program has been adapted to the implementation of the new teaching model approved by the Faculty Board of June 27, 2019. It focuses on the careful study of the institutions of Roman Private Law, since they form the most solid basis for introduce the student to the knowledge of the multiple disciplines that make up the core of law studies (civil, commercial, procedural...) ofa character more devoted to the exercise of the most traditional legal professions.

The structure of the program has been made within a system closely attached to the tradition of Private Law in Spain and Catalonia.

In each of the Institutions, for reasons of scientific coherence, the forms of procedural defense will be explained. Roman Law starts from the perspective of the procedural resources that defended the interests in conflict and the work of interpretation and creation of the Law by the jurists independently. It is not a legislated law, but (very closely to the common law) a law made by the judges, by the resources of the praetor anad by the jurisprudential elaboration.

- Presentation of the subject. Significance for European legal culture. Historical stages.

- Roman civil procedure.

- Process extra ordinem and current civil procedural system: comparison.

- Property. Animals in the Roman legal system. Analysis of current case law.

- The family. Jurisprudential analysis on arts. 1903 and 1904 of the State Civil Code.

- Inheritance and testamentary dispositions. Comparative study of inheritance institutions in the current legislation.

- Obligations and contracts I. Current jurisprudential analysis

- Obligations and contracts II. Current jurisprudential analysis

 

Methodology

It is assumed that the student's learning process is his own work: teh student learns by working, and the mission of the teaching staff is to help him in this task, providing him with information and sources where he can go to get it.

In this context, the learning process will be achieved through the following activities:

(i) Theoretical classes: masterly presentation of the subject, combined with discussion questions formulated by the teacher.

(ii) Seminars: attendance at the seminars, except in cases of justified cause, will be compulsory. The student will play an active role during their development.

(iii) Tutorials: the student can request individual and group tutorials for any of the aspects that make up his/her learning.

(iv) Studi for the exam, tiype test, which will reach the content of the program throught specific questions that allow knowing the degree of reflection anad knowledge of the student.

Class attendance, active participation in the course practices and attendance at seminars and conferences will be valued.

 

At the same time the development of the teaching of the subject and the training of the student is based on the following activities:

1. Directed activities:

1.1. Theoretical classes: where the student achieves the conceptual bases of the subject and his normative and jurisprudential legal framework.The master classes are activities in which interactivity is demanded of the student and are conceived as a fundamentally method of transmission of knowledge from the teacher to the student.

1.2. Seminars and tests: where students analyses and solve previously elaborated assumptions. The basis of seminars and tests is the understanding and critical application of the solutions of Roman jurisprudence related to the essential content explained in the teoretical classes. The professor will publish a calendar of activities planned for the course of the Virtual Camus

1.3. Supervised activities inthe classroom: these are activities that the students will carry out in the classroom, conferences, seminars, congresses, with the supervision and support of the professor. They include the elaboration of some practical assumptions in the classroom, some cards of sentences and/or regulations, the realization of schemes of some epigraphs of the subject; oral interventions with questions proposed by the students themselves or by the teacher. In each case, the teacher will determine which activities will be proposed for each course.

2. Autonomous activities:

Elaboration of documents of practical activities: this will be delivered and analyzed in the classroom (see directed activities 1.2).These are practical cases proposed sufficiently in advance by the teacher, or the preparation of case files, regulations or films or other documents. In each case, the teacher swill determine which activities will be proposed for each course.

2.2. Search for bibliography and instrumental jurisprudence for the resolution of practical cases. In some or some cases the students will have to make the autonomous search of the documentation.

The evaluation system combines the continuous evaluation of the seminars and practices and the resolution of a final exam (test type).

Annotation: Within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.

Activities

Title Hours ECTS Learning Outcomes
Type: Directed      
Seminars 19.5 0.78 1, 6, 9, 11, 14
Theoretical classes 19.5 0.78 7, 8, 5, 12, 14, 2, 4
Type: Autonomous      
Reading texts 66 2.64 7, 8, 5, 12, 14, 3, 2, 4
Search for documentation and bibliography 9 0.36 10, 14
Study 36 1.44 8, 12, 4

Assessment

The evaluation system combines the continuous evaluation of the practicals and the resolution of a final exam.

 

1.1 Continuous assessment of the practicals.

It requires compulsory attendance to the classes, handing in the 2 proposed practicals and solving the proposed evaluable activities in the classroom. Each of the written practicals counts for 25% of the mark.

The specific date or week of the evaluable activities will be published on the Virtual Campus before the start of the course, without prejudice to the fact that, exceptionally and for reasons of force majeure, these may, with sufficient advance notice, be modified.

 

1.2 Ordinary final examination.

It will consist of a single exam, in test format, of the whole content of the subject, which will be worth up to 50% of the final mark.

 

For the continuous assessment, students must obtain a minimum mark of 3 points in the final exam in order to be able to average it with the final mark obtained in the two evaluable practicals.

 

1.3 Re-evaluation.

Students who have taken part in the continuous assessment and fail the ordinary final exam may re-evaluate provided that they have obtained a minimum mark of 3 points in the final exam.

 

Except in cases of force majeure, late submissions will not be accepted and the student will obtain a 0 in the practical or test not handed in.

 

Excuses to fulfil obligations due to illness or force majeure may be accepted as long as an official certificate is provided. Absences for academic reasons must be previously accepted by the teaching staff.

 

A student who copies or attempts to copy in a final exam will receive a 0 in the exam. A student who submits a practice or test in which plagiarism is involved will receive a 0 and a warning. If the behaviour is repeated, the student will fail the course.

 

Attendance to seminars,except in cases of justified cause, will be compulsory for students.

 

Assessment Activities

Title Weighting Hours ECTS Learning Outcomes
Final examination of contents 50% 0 0 1, 6, 7, 8, 9, 10, 11, 5, 12, 13, 14, 3, 2, 4
Practices and activities of proposed continuous evaluation 50% 0 0 1, 6, 7, 8, 9, 10, 11, 5, 12, 13, 3, 2, 4

Bibliography

BASIC:

- Teresa Giménez-Candela, Derecho Privado Romano. Ed. Tirant lo Blanch (Valencia 2020). Available at the UAB digital library 

- Diccionario "Trivium" de Derecho y Economía; esp. anexo IV: "Frases y locuciones latinas". Ed. Trivium (Madrid 1998)

 

COMPLEMENTARY:

- Gerhard Wesenberg - Gunter Wesener, Historia del Derecho Privado Moderno en Alemania y en Europa. Ed. Lex Nova (Valladolid 1998)

- Sandro Schipani, La Codificazione del Diritto Romano Comune. Ed. Giappichelli (Torino 1996)

- Reinhard Zimmermann, Estudios de Derecho Privado Europeo. Ed. Civitas (Madrid 2000)

- Giovanni Luchetti - Aldo Petrucci, Fondamenti di Diritto Contrattuale Europeo (Bologna 2006)

 

ESPECIALLY, IN REGARD TO THE LEGAL STATUS OF ANIMALS:

- T. Giménez-Candela, Transición animal en España. Ed. Tirant lo Blanch. (Valencia 2019). Available at the UAB digital library 

- D. Favre y T. Giménez-Candela, Animales y Derecho. Ed. Tirant lo Blanch (Valencia 2015)

www.derechoanimal.info

The derechoanimal.info website is the only legal website about animals. It has a long and accredited international trajectory, is constantly updated and publishes articles on Roman Law relating to animals, which can serve as complementary readings to the basic bibliography.

The journal dA. Derecho Animal (Forum of Animal Law Studies) https://revistes.uab.cat/da is an OJS journal indexed by ICALP (International Center for Animal Law and Policy) contains complete scientific and academic updates on basic issues of law and animal law.

 

 

 

Software

The subjec does not require any specific software.