Roman Law and Romanistic Tradition

obligatory courses

Introductory course. General historical knowledge (incl. basic information on ancient Roman history).

Some Latin (either learnt at school or at the Latin classes offered by the University) would greatly help achieving the learning outcomes.

Classroom

Mandatory subject for the first year of legal studied. It aims at introduction to the realm of legal notions and reasonings, as well as the systematic presentation of the legal discipline.

History of Roman law, its basic notions and institutions, as well their later (dis)continuations in the European legal tradition are historically and dogmatically presented.

LECTURE:

-- presents Roman law as the foundation of the European legal tradition;

-- shows the Roman specificity of law making, interpretation and application in the context of the two 'great legal systems': continental law (civil law) and Anglo-Saxon law (common law);

-- presents the legal concepts and constructs known to Roman law and from it derived on it;

-- shows their persistence, evolution or rejection within the ancient 'first life’ of Roman law and the legal tradition derived from it;

-- presents the variety of legal solutions developed

Semester I

1 The history and tradition of Roman law

2 Roman jurisprudence

3 The second life of Roman law

4 Roman and Romanist maxims

5 Legal acts I: Classification, content and effects of legal acts; defects in the declaration of intent

6 Legal acts II: Substitution

7 Procedural law I: Law in Trial, trial procedures: legis actiones

8. procedural law II: formulary procedure, extraordinary procedure

9 Law of Persons

10. Family Law I: Paternal power

11. Family Law II: Marriage

12) Law of Succession I: Basics, appointment to an estate, acquisition of an estate

13) Law of Succession II: Intestate succession

14. Law of Succession III: Testamentary succession

Semester II

15 Property law I: Introduction. Classification of things

16. Property law II: Possession

17 Property law III: Ownership

18. Property law IV: Iura in re aliena - introduction; personal and land easements, hereditary tenure

19 Property law V: Iura in re aliena - pledge

20 Property law VI: Revision

21 Obligations I: Introduction

22 Obligations II: Contractual obligations; verbal contracts

23 Obligations III: Contracts for the disposal and acquisition of goods, contracts for the use of another's capital or goods, contracts for the provision of services, guarantee contract (pledge)

24 Obligations IV: Literal contracts, extension of the contractual system, quasi ex contractu obligations

25 Obligations V: Torts - general issues, individual torts, quasi ex delicto obligations

26 Obligations VI: Torts - damnum iniuria datum

27 Obligations VII: Consolidation, transfer and cancellation of obligations

Study groups:

-- consolidate the knowledge acquired in the lecture;

-- show its practical applications, developing skills

-- consolidate the knowledge acquired in the lecture;

-- show its practical application, developing skills;

-- deepen the lecture topics using selected examples

-- mobilise students to work systematically.

Study groups shall focus in team work and developping of reading and legal texts interpretation skills will be developed. Particular legal figures will be discussed in the class in order to acquire their better understanding, to show their similarities and differences, and to develop legal reasoning skills. Later devolopments are presented and discussed

P. du Plessis, A. Borkowski, Textbook on Roman Law

F. Schulz, Classical Roman Law

F. Schulz, Principles of Roman Law

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.

admiral to the examination conditioned by prior positive assessment at the study group. Assessment at at least C-level (4, dobry) admits to the pre-session examination.

Study group evaluation and conditions are individually given by the group teachers.

Exam form: written or oral upon the choice of the student, both in the examination period and prior to it

Written exam is an open book assessments and consists of a source for guided exegesis as well as practical tasks solutions: case studies summarising the course material - more information: http://urbanik.bio.wpia.uw.edu.pl/wyklad-prawo-rzymskie-i-tradycja-romanistyczna/)

Exam could be passed by participation in a subject competition (M. Sczaniecki History and Law Olympiad|Ius controversum competition).

n/a