| Literatura: |
Literature:
Handbook:
• F. Schulz, Classical roman law, Oxford: The Clarendon Press, 1951.
Other:
• J. Harries, Law and crime in the Roman world, Cambridge: Cambridge University Press 2007. (selected parts).
• D. Johnston, Roman law in context, Cambridge: Cambridge University Press, 2002. (selected parts).
• J. F. Gardner, Women in roman law and society, London, Sydney: Croom Helm, 1987. (selected parts).
• G. Mousourakis, A legal history of Rome, London, New York: Routledge, 2007. (selected parts).
Sources:
• The digest of Justinian. Vol. 1-4 (latin text edited by Theodor Momsen with the aid of Paul Krueger ; english translation edited by Alan Watson), Philadelphia; Pennsylvania: Univeristy of Pennsylvania Press 1985.
• The Theodosian Code, Novels and Sirmondian Constitutions, trans. by C. Parr, (New York, 1950).
• The Institutes of Gaius and Rules of Ulpian, ed. W. Studemund, J. Muirhead Edinburgh, T. & T. Clark 1880
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| Metody i kryteria oceniania: |
Form deepends on students frequency and their activity during the course.
100% frequency- exemption from examination
1 or 2 absences- oral exam
More than 2 absences- written essay + oral exam.
Frequency lower than 50% - Unable to take the exam; the course will be not credited.
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| Zakres tematów: |
1. The sources of Roman law (Twelve Tables, Institution of the Gaius, The Rules of Ulpian, The Digest of Justinian). The influence of Roman Law to the cotemporary legal systems. The significance of Roman law to the contemporary legal knowledge.
2. The difference between private law and public law according to the Digest of Justinian. Ius civile, naturale and other divisions of Roman law.
3. Legal capacity and capacity to act in the Roman law. Status libertatis, civitatis and familiae . The condition of slavery.
4. The Roman family law (matrimonium, tutela, cura). The August’s legislation concerning Roman family. The content of partia potestas and manus.
5. Roman property law. (The term res in Roman law, the ownership and possession the criteria of difference. The types of ownership and possession in Roman law. Methods of acquisition of property and possession. The protection of the property and possession. Iura in re aliena.
6. Roman law of obligations (the essence of obligation, the difference between obilgatio naturalis and civilis. Roman contracts – re, litteris, verbis, consensu. The essence of the liability ex contractu and ex delicto. Non-performance and improper performance of the obligation. Termination of the obligation.
7. Roman inheritance law (the sources of inheritance – ex testamento and ab intestato, the difference between bonorum possessio and hereditas. Acquisition of inheritance and its effects. The legal position of an heir. Exhereditatio and its consequences.
8. Roman criminal law (the evolution of Roman criminal procedure – from judgment before assembly of the people to system of the standing courts in Roman law, presentation selected crimes and offences).
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