Description Discipline
THE ROMAN LAW FUNDAMENTALS
Field of knowledge, specialization, specialty, education and qualification level
_____________ 030204 «law» _____________
Field of knowledge
(code and name)
_______6.030401 «Jurisprudence»_________
Specialization
(code and name)
_______«Jurisprudence»_________
Specialty
(code and name)
Educational and qualification level
________ bachelor __________
(bachelor, specialist, master)
Characterization of discipline
Type
Total nambers of hours
Number of credits ECTS
Number of structural modules
Course project (work)
(if it is in the curriculum)
Form of control
Regulatory
90
2.5
2
________________Course work_________________
(name)
examination, test
Criteria of Course unit for full-time and part-time study
Year of training
Session
Lectures
Practical, seminar lessons
Laboratory studies
Self study
Individual tasks
Nnumber of weekly hours
for daily form of studies:
sn-class
independent work of student −
full-time study
1
2
36 hours.
18 hours.
_______ hours
36 hours
2 hours – course;
part-time study
1
2
4 hours
________ hours
54 hours
1. Aims and objectives of the discipline
The historical significance of Roman law in Ukraine is caused by the fact that for a
long time in a classic and Greco - Roman (Byzantine) variants it had an impact on the
formation and development of Ukrainian law and continues to influence over the
concept of law in Ukraine today.
The legal significance of Roman law is that the conceptual and categorical
apparatus, the terminology of modern law are based on the ideas, principles and
definitions developed by the classical Roman jurisprudence.
For example, concepts such as a contract, obligation, guilt, interest, damages,
compensation has been thoroughly worked out in ancient Rome.
Being on the one hand the excursion into the history of jurisprudence, Roman civil
law is also the foundation without strong assimilation of which it would be difficult to
study in the future the course of civil rights in Ukraine - one of the most extensive in the
system of higher legal education.
Objective is to introduce students to the legal culture of ancient Rome, with the main
institutions of Roman public and private law, and show the influence of Roman private
law on the development of a global civil law and civil law including Ukraine.
A result of studying the discipline the student must
1) know
- The concept and subject of Roman law;
- Reception of Roman private law in Europe and worldwide;
- The general concept of civil, family, procedural, inheritance law;
- The main sources of Roman law;
- The origin, formation and development of the main institutions of Roman private
law;
- Basic principles of Roman law;
- The impact of Roman private law on the development of modern civil law
2) be able to:
- Distinguish civilian property relations from other property relations;
- Understand the reception of the rules of Roman law;
- Interpret the rules of monuments of Roman law;
- Combine the rules of Roman law with modern legal system of private law in Ukraine
1. Program of the academic discipline
Thematic module 1.
Topic of the lecture 1. The notion of private law
Subject matter and method of Roman civil law. Determination of the Roman civil
law and its correlation with the modern civil law in Ukraine. Correlation of private law
and civil law of ancient Rome and modern Europe. Genesis of Roman private law.
Institutes of Roman civil law.
Topic of the lecture 2. Sources of the Roman law
The notion of sources of Roman law and modern law of Ukraine. Types of
sources of Roman civil law (sources of occurring and content, cognition and law
formation). Codification of Justinian (code, digest, institutions, short stories).
Сorpus iuris civilis. Lawyers activity. Emperors constitutions.
Topic of the lecture 3. Entities
The notion entity and subject of law. Legal personality in Rome. The notion of
legal faculty. The emergence of legal faculty. Content of legal faculty. Restrictions of
legal faculty. The notion of legal capacity. Limited legal capacity and partially legal
persons. Guardianship. The legal status of certain segments of the population of Rome.
The notion of legal entity and its legal characteristics. Types of legal entities.
Topic of the lecture 4. Family relations
The notion of family in the Roman state. Agnatic and cognatio relationship.
Marriage and its species. Terms of marriage and divorce grounds. Concubinage.
Property relations of the spouses. Engagement. Dowry. Parental authority.
Emancipation
Topic of the lecture 5. Inheritance law
The notion of inheritance law. The notion and types of inheritance. Inheritance
under will. Inheritance by law. Acceptance of inheritance.
Topic of the lecture 6. Doctrine of lawsuit
The notion and types of lawsuits. Special means praetorian protection. The notion
of limitation. Legal terms. Recess and suspension of limitation.
Thematic module 2
Topic of the lecture 1. Law of property
The notion of law of property. Types of law of property. The notion of property.
Types of property. Property and profits.
Topic of the lecture 2. Possession and its types
The notion of possession and its types. Legal consequences of acknowledgment
of the acquirer whether in good faith of not in good faith. Acquisition and termination
of possession. Protection of possession.
Topic of the lecture 3. Title
The notion of title. Types of title. Subject matter of title. Types of acquisition and
termination of title. Protection of title (replevin and negatornogo).
Topic of the lecture 4. Special property
The notion of special property: occurring and development. The notion and types
of easements. Emphyteusis and superficies. Lien and its forms. (fiduciary agreement,
handmade pledge, mortgage).
Topic of the lecture 5. General theory of contract
The notion of contract. Types of contract. Conditions of validity of contract. Contents
of contract. Conclusion and termination. Representation.
Topic of the lecture 6. Certain types of contracts
Verbal agreements. Literal contracts. Real contracts (loan, credit, custody).
Consensual contracts (sale, lease of things and services, powers of attorneys,
companies). Unnamed contracts and their types. Covenants and types.
Topic of the lecture 7. Non-contractual obligations
Obligations as if from contracts (implied contracts). Tort obligations. Obligations
as if from torts (quasi-torts).
Topic of the lecture 8. Law of obligation
The notion of law of obligation and obligations. Bases of occurrence of
obligation. The notion of legal fact. Contents of obligations. Classification of
obligations. Parties in the obligation. Replacement of the parties in the obligation.
Fulfillment of obligations. The consequences of failure to comply with obligations.
Terms of civil liability.
4. Structure of the academic discipline
Names
of
themat
ic
modul
es
Fulltime
educati
on
total
Number of hours
extramural
includi
ng
tota
l
including
l p
1
2
3 4
la
b
5
individ
ual
6
ind.wo
rk
7
Thematic module 1. Name
l
8
p
9 1
0
la
b
11
individ
ual
12
ind.wo
rk
13
Topic 1. The notion of
private law
Topic 2. Sources of the
Roman law
Topic 3. Entities
2 1
2
3
1
2
2 1
2
3
1
2
2 1
2
5
1
4
Topic 4. Family relations
Topic 5. Inheritance law
6 2
4 1
6
4
7
6
1
6
6
Topic 6. Doctrine of lawsuit
Total for thematic module 1
2 2
2
1 8
18
8
Thematic module 2. Name
4
2
4
4
24
Topic 1. Law of property
2 2
2
4
4
Topic 2. Possession and its
types
Тема 3. Title
2 2
2
4
4
2 1
2
4
4
Тема 4. Special property
Тема 5. General theory of
contract
Тема 6. Certain types of
contracts
Тема 7. Non-contractual
obligations
Тема 8. Law of obligation
Total for thematic module 2
4 1
2 1
4
2
4
2
4
2
2 1
2
2
2
2 1
2
4
4
2
1
8
3
6
2
18
6
3
0
5
4
6
30
Total hours
Term project (paper) on
__________
___________________
1
1
0
1
8
- -
36
-
-
54
- -
-
-
(if available in a working plan)
Total hours
3 1
6 8
36
5
4
54
5. Topics for discussion sessions
№
з/п
1
2
3
4
5
6
Topic name
The notion of private law
Sources of the Roman law
Entities
Family relations
Inheritance law
Doctrine of lawsuit
Number of hours
1
1
1
2
1
2
7
8
9
10
11
12
13
14
Law of property
Possession and its types
Title
Special property
General theory of contract
Certain types of contracts
Non-contractual obligations
Law of obligation
2
2
1
1
1
1
1
1
6. Independent work supervised by Research and teaching staff
№
з/п
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Topic name
The notion of private law
Sources of the Roman law
Entities
Family relations
Inheritance law
Doctrine of lawsuit
Law of property
Possession and its types
Title
Special property
General theory of contract
Certain types of contracts
Non-contractual obligations
Law of obligation
Total
1
2
Number of hours
2
2
2
6
4
2
2
2
2
4
2
2
2
2
36
7. Individual assignments
MODULE ASSIGNMENTS
Table 1.
Topic name
Number of points
module 1.
Develop presentation using
60
Power point (20 slides) on
«Inheritance law»
Module 2.
Prepare a detailed diagram on
40
“Classification of grounds of
obligations"
8. Teaching methods
In order to ensure better mastering of this material by students, during the lecture
it is expected to associate the material most closely with real life, fill it with concrete
content, display in it all running changes taking place in the system of exchange
controls.
During the seminars on all topics it is provided to organize conversations on
certain topics issues considered in class, to compare theoretical background of real
events that took place in the Roman Empire.
To provide more in-depth study of the subject "Roman law fundamentals " and
formation of skills of students on the use of self-acquired theoretical knowledge and in
order to activate educational process it is provided to use the method of activation
―work in small groups‖ while studying ―Law of property‖. Students individually
calculate stock prices, compare the advantages and disadvantages of different methods
in mini - groups.
Seminar - discussion provided in the study of "Family Relations", in which
students exchange ideas and views on the concept of family in the Roman state,
property relations of the spouses, their advantages and disadvantages.
While studying «Possession and its types» the method of presentation is used.
When performing individual assignments students receive information on the law
of obligations. It is assumed that students after completion of individual assignment
prepare the report for public discussion in the classroom and conduct discussions.
During the presentation of the discipline «Roman law fundamentals» such teaching
methods are used:
1. Methods of organization and implementation of educational and cognitive activities:
- verbal techniques used to familiarize students with the materials of the discipline in the
form of lectures, stories, explanations and discussions;
- practical methods used to consolidate students' knowledge of discipline as writing essays;
2. Methods of stimulation are applicable to get students interested in academic discipline .
3. Control methods used to determine students' knowledge of the discipline in the form of
conducting oral and written surveys.
9. Forms of control
According to ECTS presentation of the discipline "Roman law fundamentals", the
following general types of control of knowledge are used:
• current control - systematically at various training sessions throughout the semester in
the form:
- Oral examination;
- Written test, express-work;
- Test control;
• module control – twice a semester;
• final control – at the end of the semester after studying the discipline in the form
of credit.
10. Students grades
Current control
Content
module
1
0-100
Content
module 2
Content
module
3
0-100
0-100
Content
module 4
Educational
work rating
R ew
Additional
work
rating
R adw
Penalties
rating
Rp
0-100
0-70
0-20
0-5
Final attestation
(examination or
test)
Total
points
0-30
0-100
Notes. 1. According to ― Regulations on credit-modular system of education in NULES of Ukraine
approved by the university rector 03.04.2009, student’s rating in academic work R aw concerning the
study of a particular subject is defined by a formula:
0,7· (R(1)cm · К(1)cm + ... + R(n)cm · К(n)cm )
Raw = -------------------------------------------------------- + Radw – Rp,
Кd
where R(1)cm, … R(n)cm – rating points of content module on a 100-point scale;
n – number of modules;
K(1)cm, … К(n)cm – number of ECTS credits that are specified in curriculum for the corresponding
content module;
Кdis = К(1)cm + … + К(n)cm –number of ECTS credits that are planned in curriculum for the
discipline in a current semester;
R adw – rating of additional work;
R p – rating of penalties.
Following formula can be simplified if К(1)cm = …= К(n)cm. Then it will look like
0,7· (R(1)cm + ... + R(n)cm )
Raw = ------------------------------------
+ Radw – Rp.
n
Rating of additional work R adw is added to R aw and can’t exceed 20 points. It is defined by the
lecturer and it is provided to student by the decision of the department for making tasks that are not
covered by the curriculum.
Rating of penalties R p can’t exceed 5 points and is subtracted from the rating of educational work
R aw. It is defined by the lecturer and it is provided by the decision of the department for students
which didn’t comply material of content module in time, didn’t comply schedule or skipped classes.
2. In accordance with the ordinance above preparation and defense of a course project (рaper)
is measured at 100 – point scale.
National and ECTS grading scale
Total points
90 – 100
Assessment on a national scale
Assessment
for exam, course project
For test
ECTS
(paper), practice
Excellent
А
82-89
74-81
64-73
60-63
В
С
D
Е
35-59
FX
0-34
F
good
Passed
satisfactory
unsatisfactory with possible
not passed
reassembly
possible reassembly
unsatisfactory
not passed
required a second course of required a second
discipline
course of discipline
11. Methodological support
Branitskyi О.М., Polino N.А. Educational and methodical complex of academic
discipline «Roman law fundamentals» for law department students of full-time and
extramural studying of educational qualification level of "Bachelor" major in
7.03040101 «Jurisprudence ». – 36p.
12. Suggested Reading
1. Sources
1. Justinian’s digests / Selected fragments in translation and with annotations of
Pereterski I.S. – М., 1984.
2. Justinian’s institutions / Translation from latin – М., 1998.
3. Monuments of Roman law. Laws of XII tables. Guy institutions. Justinian’s
digests. — М.: «Zertsalo», 2001.
2. Textbooks and tutorials
1. Galanza P. N. History of state and law of foreign countries: the slave and feudal
state and law. — М.: Legal literature, 1980.
2. Dozhdev D.V. Roman private law. – М., 1996.
3. Dronikov V.К. Roman private law. – К., 1962.
4. Ioffe О.S., Musin V.А. Roman civil law fundamentals. – L., 1974.
5. History of ancient Rome (edited by V.I. Kuzishin). – М., 2001.
6. Kosarev А.I. Roman law. - М., 1981.
7. Kosarev А.I. Roman private law. -М., 1998.
8. Novitski I.B. Roman civil law fundamentals. – М., 1972.
9. Orach Y.М., Tyshchyk B.Y. Roman private law fundamentals. Tutorial. — Lviv,
LNU, 2000.
10. Pidopryhora О.А. Roman private law fundamentals. — К., 1995.
11. Pidopryhora О.А. Roman civil law fundamentals. - К., 1990.
12. Pokrovski I.А. Story of Roman law. - SPb., 1998.
13. Slave and feudal state and law of Asia and Africa / Edited by А.I.Rohozhyn and
М.М.Strakhov — Kharkiv, 1988.
14. Saveliev V.А. History of Roman private law. - М.т 1986.
15. Tyshchyk B.Y. History of state and law of ancient Greece and Rome. - Lviv;
16. Khutyz М.K. Roman private law. - М., 1994.
17. Chernilovski Z.М. Lectures on Roman private law. —М., 1991.
18. Chernilovski N.S. Roman private law. — М., 1997.
3. Special literature
1. Anners Z. History of European law (transl. from Swedish) / Institute of Europe. –
2.
3.
4.
5.
6.
7.
8.
IV Nauka, 1994.
Bartoshek М. Roman law: concepts, terminology, definitions. - М., 1989.
Berman H.G. The Western tradition of law: the epoch of formation / Transl. from
English. – М., 1998.
Gromakov B.S. History of slave state and law (Athens and Rome).-М.:ВЮЗИ,
1986.
David R., Jauffret-Spinosi C. Principal legal systems of today : Transl. from
French. V.А. Tumanova. – М.: Internat. relations, 1999.
Katrych V.М. State and law of ancient Rome. – К., 1974.
Pereterski I.S. Justinian's digests: essays on the compiling history, general
characteristics . — М., 1956.
Suvorov N.S. On legal entities in Roman Law . - М,: Statut, - 2000.