Roman Law
Code: 102231 ECTS Credits: 6| Degree | Type | Year | Semester |
|---|---|---|---|
| 2500786 Law | FB | 1 | 1 |
Contact
- Name:
- Carme Tort-Martorell Llabrés
- Email:
- carme.tort-martorell@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
- Nuria Coch Roura
Prerequisites
COURSES
Group 1: Prof. Nuria Coch (castellà)
Group 2: Prof. Carmen Tort-Martorell (castellà)
Group 51: Prof. Lector (castellà)
Group 70: Prof. Carmen Tort-Martorell (castellà)
SEMINARS
Sem. 11: Prof. Nuria Coch (castellà)
Se. 12: Prof. Carmen Tort-Martorell (castellà)
Se. 21: Prof. Carmen Tort-Martorell (castellà)
Sem. 22: Prof. Nuria Coch (castellà)
Sem. 511: Prof. Lector (castellà)
Sem. 512: Prof. Carmen Tort-Martorell (castellà)
Sem. 701: Prof. Carmen Tort-Martorell (castellà)
Sem. 702: Prof. Nuria Coch (castellà)
There are none
Objectives and Contextualisation
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.
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.
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
- Applying the procedural defence resources of law.
- Assessing the evolution of law in Rome in relation to the social and economic evolution of the society producing it.
- Assessing the revitalizing and creative role of Roman jurisprudence.
- Assessing their influence in the European legal tradition.
- Critically thinking about a jurist law versus a law based in the force of the law.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Describing the fundamental legal concepts, in the Roman law and the current private law.
- Distinguishing the foundations of the Institutions of Roman Private Law.
- Distinguishing the role and independence of legal judgements, in the face of the facultative control exercised by the Edict-announced magistrate resources.
- Identifying and differentiating the sources of law.
- Identifying and solving problems.
- Reviewing the impact of the Justinian law and the influence of the Corpus Juris Civilis in the Western legal tradition.
- Underlying that same evolution in the Western legal tradition.
- 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
|
The program has been adapted to the implementation of the New Teaching Model approved by the Faculty Board on June 27, 2019. It focuses on the study of the institutions of Roman Private Law, since they form the most solid basis for Introduce students to the knowledge of the multiple disciplines that make up the core of Law studies (civil, commercial, procedural...) more focused on the exercise of traditional legal professions. The structure of the program has been drawn up within a system that is very close to the tradition of Private Law in Spain and Catalonia and is divided into two large sections: I- History and sources of Roman Law, as a prior and necessary framework for assessing institutions. II- Institutions of Roman Private Law. In every Institution, for reasons of scientific coherence, procedural defense will be explained. Roman Law starts from the perspective of the procedural resources that defend conflicting interests and lies on the work of interpretation and creation of Law by jurists, by the Judges and by the resources of the Praetor.
Program. - Presentation of the subject. Significance for European legal culture. Historical periods. - Subjects of law. - Roman civil procedural Law. - Real rights. Property. - Contracts as a source of obligations. - Family Law. - Succession Law. Comparative study of hereditary institutions in the current systems. |
Methodology
We start form the assumption that the students' learning process is their own work: students learn by working, and the role of teachers is to help them in this task, providing them with support, guidance and information about the sources they can use in order to achieve it.
In this context, the learning process is specified with the following activities:
I. Master classes: masterful exposition of the subject, combined with discussion questions formulated by the teaching staff or by the students themselves.
II. Seminars: attendance at seminars, except in cases of justified cause, will be compulsory. Students will play an active role during their development.
III. Tutorials: students can request individual and group tutorials for any of the aspects that make up their learning.
IV. Study for the final exam, test type, which will reach the content of the program through specific questions that allow knowing the degree of reflection and knowledge of the students.
Class attendance, participation in course practices and attendance at seminars and conferences are important.
The development of the teaching of the subject and the training of the students is based on the following activities:
1. Guided activities:
1.1 Master classes, as a method of transmitting knowledge from teachers to students.
1.2. Seminars and exercises, where students analyse and resolve previously elaborated assumptions. The basis of seminars and exercises is the understanding and critical application of solutions of Roman jurisprudence.
The teaching staff will publish in the Virtual Campus a calendar of planned activities for the course.
1.3. Supervised activities in the classroom: these are activities that the students will carry out in the classroom, with the supervision and support of the teaching staff. It is about the elaboration of some practical course in the classroom, of commenting on the cases worked at home; oforal interventions with questions proposed by the students or by the teaching staff.
The teaching staff will determine in each case which activities will be proposed each course.
2. Autonomous activities:
2.1. Practical cases proposed in advance by the teaching staff. Students must work by their own and then solutions will be discussed in class. The teaching staff will determine in each case which activities will be proposed each course.
2.2. Search of bibliography and instrumental jurisprudence for the resolution of the exercices.
The evaluation system combines the continuous evaluation of the seminars and practical tests and the resolution of a final exam (multiple choice)
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 | |||
| Evaluation | 5 | 0.2 | |
| 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 | 31 | 1.24 | 8, 12, 4 |
Assessment
Evaluation of the Course
There is only one evaluation model: continuous evaluation, which requires class attendance. Atendance at Seminars is mandatory.
The final mark of the subject is obtained from the qualification of the 2 evaluable works
that the student must perform throughout the course as well as the final exam qualification.
Attendance, non-assessable practices carried out in class and student participation can round off the final mark.
1.1- Continuous evaluation (50% of the final score)
There are two evaluable activities. Each one counts for 25% of the mark of the course and they take place on dates that have been previously notified; Its object is a text or a practical case that has been delivered in advance so that each student can prepare it at home in depth. The test consists of some questions about the case, which are raised and resolved individually in class.
The activity that has not been done has 0 points.
If it has been for a justified reason (alleged and accredited immediately before or after), that practice can be recovered in the way agreed by the Professor.
1.2 - Final exam (50% of the final score)
It will consist of a single exam of the entire program of the subject that will have a value of 50% of the final qualification. The exam must obtain a minimum mark of 3.5 points so that it can be averaged with the mark of the two evaluable activities.
The test-type exam seeks to verify, not only if the student has memorized the subject, but above all if he has understood it.
The details of the multiple choice test, such as the number of questions or the penalty for incorrect answers, will be published in advance on the virtual campus.
1.3 Re-evaluation of the course.
Students who have failed the course, that is, the average between the two evaluable activities and the test, can take a re-evaluation exam if they meet the following two conditions:
1) Have a minimum score of 3.5 in the final test.
2) Have submitted to the two evaluable practices (although they are not approved)
The type of exam and its conditions are timely published on the virtual campus. The qualification of this exam is the final qualification of the course.
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
- Miquel, Juan. Derecho Romano. Madrid, Marcial Pons, 2016.
- Fernández de Buján, Antonio. Derecho Romano. Madrid, Aranzadi. 4ª ed. 2020 on line a través at the Biblioteca de Ciències Socials. 6th ed. Dykinson 2022
Resources on line:
Sources of Roman Law. http://guiesbibtic.upf.edu/dret/roma
COMPLEMENTARY
More specific bibliography will be published opportunely in the virtual campus, together with the corresponding explanation.
Software
The subjec does not require any specific software.