Study:	Law - 2. semester
Code:	79144
ECTS:	8.0
Course coordinators:	prof. dr. sc. Ivana Jaramaz-Reskušić prof. dr. sc. Tomislav Karlović izv. prof. dr. sc. Henrik-Riko Held prof. dr. sc. Ivan Milotić
Exam dates:	16. 05. 2024. 25. 06. 2024. 10. 07. 2024. 28. 08. 2024. 11. 09. 2024. Exam registration: Studomat

Literature:

Andrew Borkowski, Paul du Plessis; Textbook on Roman law; Oxford University Press (2010), str Reinhard Zimmermann; The law of obligations: Roman foundations of the civilian tradition; Oxford University Press (1996), str. 230-337

Description:

The course will provide an overview of the institutes of Roman private law as a foundation of the civil law systems. It will give the students the opportunity to learn and understand how, under which external and internal influences, different institutions, concepts and principles of private law were developed during the Roman legal history. It will be first presented the historical framework and the sources through which the law was created. Afterwards, according to the Gaius' tripartition, the basic notions of status law and family law will be studied. This will be followed with the analysis of property law and the law of obligations. In the latter, the focus will be on the individual sources of obligations, especially contracts, whereby, based on the exegesis of the primary sources, students will be given an insight in the modes of legal argumentation of Roman jurists. In the end, it will be given an overview of general principles and institutes of the law of inheritance and the Roman civil procedure. Providing the background, legal logic and arguments used in the development of Roman private law, the course should also enable students to better understand and critically evaluate the institutes of contemporary private law.

Cognitive Skills:

Knowledge and understanding

After successfully completing the course, students will be able to:

- identify and distinguish basic aspects of Roman law (subjects, objects, procedures) as the foundation of modern European legal systems in historical and comparative context;

- define basic concepts and principles of private law on the basis of Roman law;

- explain basic institutes in different branches of private law on the basis of Roman law and

- recognise thier connection in an integral system of private law built on the foundations of Roman legal tradition and lgeal science.

 

Application

After successfully completing the course, students will be able to:

- group and describe basic institutes of private law on the basis of Roman law;

- demonstrate the influence of rules and principles of Roman law to the development of private law in Europe;

- apply principles, rules and solutions of Roman law in practical problem tasks;

- illustrate the meaning of Roman legal tradition for the identity and stability of modern legal systems.

 

Analysis

After successfully completing the course, students will be able to:

- analyse processes of origin and development of rules and principles of private law on the basis of Roman law;

- distinguish between basic concepts, institutes and branches of Roman private law, and compare their similarities and differences;

- categorise concepts, institutes and branches of Roman private law in the historical and comparative context as a prerequisite for a critical analysis of modern private law;

- examine the application of principles, rules and regulations of Roman private law to concrete facts within practical problem tasks in the form of training students for case study technique of the analysis of legal problems.

 

Synthesis

After successfully completing the course, students will be able to:

- reconstruct the connection between individual legal institutes within private law on the basis of Roman law;

- formulate conclusions about the significance of Roman law for modern private law systems, legal practice and science.

 

Evaluation

After successfully completing the course, students will be able to:

- evaluate the significance of Roman law for modern private law orders, their identity and stability;

- estimate the relation between basic concepts, institutes and branches of private law on the basis of Roman law and their mutual influence;

- evaluate the importance of Roman law for modern private law systems in the context of large European legal tradition and legal traditions of the world;

- assess the influence of traditional private law principles and rules on the development of important aspects of social life as a whole.

Practical and Generic Skills:

After successfully completing the course, students will gain competences that will enable them to analyse basic concepts, institutes and branches of private law on the basis of Roman law and to evaluate them adequately. At the same time, students should be able to solve practical problem tasks related to private law by the application of adequate rules and principles of Roman law. Acquired skills enable students to be trained adequately for the study of modern private law disciplines and legal practice.

Matching Assessments to Learning Outcomes:

Knowledge is tested by an oral examination.

Oral examination consists of testing understanding important concepts, institutes and branches of Roman private law, and providing explanation of its fundamental rules and principles. Connection and comparison of legal rules and institutes is expected, as well as evaluation of the significance of traditional private law principles and rules that originate from Roman law for social life as a whole.

Consultations schedule:

• prof. dr. sc. Ivana Jaramaz-Reskušić:

  Friday, 14h

  Location: Ćirilometodska 4, room 40
• prof. dr. sc. Tomislav Karlović:

  on agreement by e-mail (live or via GMeet)

  Location: Ćirilometodska 4, room 30
• izv. prof. dr. sc. Henrik-Riko Held:

  Tuesdays from 15h or by agreement (mail or message via Merlin, GMeet or live)

  Location: Ćirilometodska 4, room 36