FONDAMENTI ROMANISTICI DEL DIRITTO PRIVATO EUROPEO
- Overview
- Assessment methods
- Learning objectives
- Contents
- Full programme
- Bibliography
- Delivery method
- Teaching methods
- Contacts/Info
Students will be expected to know the main Romanistic institutes concerning the negotiation / contractual area, according to the reconstruction carried out in the Course of Roman Law Institutions.
The teaching, divided into 15 hours of lessons, will NOT involve taking an exam, but only THE REQUIRED ATTENDANCE AND ACTIVE PARTICIPATION IN THE LESSONS, which will result in RECOGNITION OF 2 CFU.
The course aims to bring to the attention of the student the relevance and centrality that, within the various European private law systems, still have many principles and institutions of Roman law.
It will be privileged, therefore, the historical-comparative method, in order to identify within the Roman law hermeneutical tools and elements of 'inspiration' for the configuration of (new) institutions of a (possible) common European law.
Specifically, the Course will deal with the general discipline of the contract. We will then proceed to consider (although inevitably in the form of a synthesis):
PART ONE
1. The formation of the European legal tradition in contractual matters;
2. Contract law in the legal systems of some European countries;
3. The most recent projects for the unification of European contract law;
SECOND PART
1. The general provisions on contractual matters;
2. The notion and formation of the contract;
3. Representation and interpretation of the contract;
3. Some aspects of the execution of the contract.
GENERAL PART
THE FORMATION OF THE EUROPEAN LEGAL TRADITION IN CONTRACTUAL MATTERS
1.1. The Roman contractual system;
1.2. Brief overview of contract law in the early medieval period (5th-10th century);
1.3. Contract law in late medieval legal science (11th-15th century)
CONTRACT LAW IN THE LAWS OF SOME EUROPEAN COUNTRIES
2.1. The EU countries taken into consideration;
2.2. The English legal system;
2.3. The principles of European contract law
SPECIAL SECTION
GENERAL PROVISIONS ON CONTRACTUAL MATTERS
1.1. Good faith and fairness
1.2. Reasonableness;
1.3. Contractual freedom
CONCEPT AND FORMATION OF THE CONTRACT
2.1. The definition of the contract;
2.2. Pre-contractual responsibility (negotiations and confidentiality duties);
2.3. The general requirements for the formation of the contract;
2.4. The proposal and acceptance
THE REPRESENTATION AND INTERPRETATION OF THE CONTRACT
3.1. The power of representation; representation without power; ratification;
3.2. The apparent representation;
3.3. The interpretation of the contract (the literal criterion, the criterion of the will of the contracting parties, other hermeneutical rules)
SOME ASPECTS OF THE EXECUTION OF THE CONTRACT
4.1. The determination of the price;
4.2. The change in circumstances.
Students who are interested in learning more about the topics covered by the Course will be provided, from time to time, during the lessons, with the pertinent bibliographic information.
The course will be built for exempla. The lessons will be built on the examination, according to the exegetical and comparative method, of both ancient and modern and contemporary sources, with particular attention, obviously, to legal ones.
Office hours
Prof. Paolo Lepore will meet students on the basis of weekly calendar. Changes in office hours will be shown in the teacher's homepage.