ROMAN LAW, THEORY OF LEGAL SYSTEMS AND PRIVATE LAW OF MARKETS
CURRICULUM IN ROMAN LAW: The project is aimed to increase individual researches of the participants in the field of the history of ancient societies and their legal systems. These concern principally the practices and theories of Roman jurisprudence, the experience of Roman law as a case law, and the theories and ideals inspiring the Roman jurists in their work. Through a better understanding of all aspects of these central elements of Roman achievements in jurisprudence and legal institutions, the students of the ‘dottorato’ will develop a sound analysis of practical application of legal rules in legal process. On that point we dispose of a large amount of researches in modern studies on Roman law, which are extended also to the problems concerning the relationship between legal development and political institutions. Only an effective understanding of auctoritas Principis can allow to grasp the novelty of cognitiones extra ordinem. On the other side our student need to reach a better understanding of the real meaning of Roman legal rules. Republican jurists from practical cases did elaborate a wide series of Regulae juris which were also exposed in their treaties. The scientific project of this ‘dottorato’ is aimed to grasp the real nature of judicial process and of the legal ideas in Roman experience. We must remember that, in early Republic, although ius was not yet written down, it was understood that were regularity in judicial decisions. Originally the members of the college of the pontiffs were regarded as the authorities of custom and court practice. Later the members of the nobilitas which cultivated legal science, gave birth to a ius incertum, where no decision was vested of definite authority. Our students will be oriented to catch the peculiarities of this kind of discussion, leaving our modern idea of ‘certainty of law’ (certezza del diritto). Among the Roman legal conceptions which did further develop in Medieval and modern times, the original idea of citizenship has a particular relevance. The roots of all the theories in that field have to be found in relationship between civitates and municipia in Roman Empire and in their developments from their original status in Republican times. Not least important is the influence on the ancient idea of citizenship of the growing assimilation of foreigners and provincial inhabitants of the Empire to the Roman citizens in the first centuries AD. Looking at all these so different but interrelated realities one can conclude that the complexity and the number of these legal statutes is not far, in the whole, from that modern condition of individual inside a large and comprehensive but not well defined system as European Union. Another topics of our researches is more directly linked to Roman private law. On this field it will be relatively easy to show how soundly the origin of many modern legal institutions have their origin in Roman history. First of all, for individual property and possession and the other individual rights referred to this sphere, as well for the modern category of contracts, and the legal autonomy of the universitates, we can follow, all along their longue durée in European medieval and modern history. This study will help us to understand the nature of changes, and the characters of the forms continuity of these legal institutions. In the program of studies and topics of the ‘dottorato’, will be taught the methods of analysis of Roman legal texts, epigraphy, papirology, history of ancient religions, Greek law, Bizantine Law, and economic and social history. In this program will be taught also the development of legal theories in the late Mediaeval and modern Europe. In particular will be considered the period of the ‘Umanesimo giuridico’, the school of natural rights and the XIX Century German scholarship under Savigny’s influence. These studies will provide young scholars of the instruments for an effective comparative analysis between modern legal systems. CURRICULUM IN THEORY OF LEGAL SYSTEMS The curriculum of Theory of Legal Systems consists of two distinct routes deeply connected for theoretic questions as regards the thematic system: a rout concerning philosophy law and a route concerning canon and ecclesiastical law. As to the first one, the expected formative task is of a value both general and specific, it aims at promoting the acquisition of high qualification crititical and scientific within cultural ambits essential for the research in the field of legal and political philosophy and, at the same time, of great interest in the practice of juridical professions, involved in problems involving the reflection upon technical structural and theoretic reasons connected with juridical institutes. As it regards formative-specific aspect, the course tends to prepare scholars of marked competence and critic aptitude for the various doctrines inclused in similar concorsual groups. This wide space of interests acquined in the doctorate at issue gives reason for its formative value, in that it allows the acquisition of the logical-argumentative methods and of the fundamental juridical-political categories that are the necessary presupposition fo a critical and of evaluation work for a law operator. The juridical character of complex societies asks the juridical phenomenon in the making to satisfy the requests about those suitable topics that have new configuration: from the law source to the topic of obligatoriness, from the juridical interpretation to the relation between legality and justice, just to indicate anyone. The rout in canonical and ecclesiastical law aims at a closer examination of methodologies and scientific formation in such disciplinary sector. During the three years, in which the courseis divided, the affiliate must develop a research program on a theme from those chosen with the assent and coordination of the professors of the course, in order to allow the young scholars to prepare a monographic study, that can represent an original contribution to the scientific knowledge of the disciplinary sector. During the course, with the purpose of achieving the necessary preparation to the attainment of such result, the affiliates are invited to frequent cycles of specialistic seminars. Besides actively participating in the seminars of the single disciplines, at the end of every year, the young scholars will present a report and the results of their research. The validity of such research, developed within the disciplines of the course, is conditioned to their importance under the scientific profile, consisting in essays, notes and comments, worth publication. The young scholars are allowed the participate to congresses, conferences and lectures for a further close examination of the inherent problem listed in the subjects. The affiliates in the courses are guided, in the job of research, by the components the professor's College. CURRICULUM IN CONTRACT LAW AND ECONOMICS OF BUSINESS: The thematic areas dealt with the private law are aimed to the strengthening of national and international integration of university systems by promoting initiatives in the cultural, scientific and educational fields through the study of legal and economic sciences, even in the framework of European Institutions of law and policies; the whole aimed to build up the basis for the creation of an European legal area and for a perfect integration within the common market. A collaboration with the International Doctoral School of law and Economics “Tullio Ascarelli”, seated at the University of Roma Tre, has been established. In this specific research field are, in particular, pursued the following purposes: - to improve, coordinate and enhance the existing potentialities for research training: - to establish integrated forms of scientific and educational cooperation in order to acquire a mutual understanding of the systems of research and higher education aimed to harmonize them, even through the activation of courses of study releasing joint degrees as a result of agreements with italian and foreign universities, in compliance with national legislation; - to develop cooperation agreement at national and international level; - to promote access to public and private funding sources, both national and international. The curriculum has a broad base of legal education, in order to encourage the formation of a type of scholars able to carry out their activities with an interdisciplinary approach. The first year is dedicate to deepen the general themes within the basic disciplines of the civil law. During the second year a research and study area is identified, to which methods and knowledge gained during the first year can be applied (from Civil Law to Crisis of Business Law). In the third year the specific topic chosen by each student is deepen in sight of the thesis. For all three years of the course is planned to organize cycles of lectures with the relative checks and in-depth seminars, In general, the Community legislation has the objective of free movement of people, goods, capital, taking steps that wind along two main routes. On the one hand the rules designed to outline the structure of the market (or markets) among which are included both directives liberalizing entire sectors of economic activity (eg. the directive on credit or those relating to the insurance market) , Both the discipline of competition in its multiple joints (prohibiting concentrations, State aid and the abuse of dominant market positions); on the other hand the directives concerning the relations between individuals, which regulate the proper functioning of trading, transparency of contractual terms, the rebalancing of contractual positions (unfair clauses, nullity of so-called protection, information requirement, right of withdrawal in favour of the consumer). These rules have a double role: in the first to establish clear and precise rules that all business must respect, independently from the position of strength they may have on the market, so that competition takes place on an equal footing; secondly they protect the weaker contracting party (consumer, customer, operator unqualified) from abuse. In the light of Community principle and legislation is necessary to re-read the whole issue of contracts, of free private economic initiative, of the protection of competition and of enterprise activities. This perspective of study requires graduate students not only knowledge of the national and community system, but also an international level; just think at specialized themes such as, for example, financial information, the so-called corporate governance, the evolution of the discipline in the field of crisis of business.
Giorno: 23/11/2020 Ora: da definire Aula: da definire in seguito Indirizzo: da definire in seguito
a) DIRITTO DEI CONTRATTI ED ECONOMIA D'IMPRESA
b) DIRITTO ROMANO
c) TEORIA DEGLI ORDINAMENTI GIURIDICI