Handbook 1996 : Faculty of Law (Volume 3 page 225)
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Optional Law subject.
Prerequisite: Torts and the Process of Law; History and Philosophy of Law.
Contact: 2 hours per week
Timetable: Both semesters
Objectives:
Students studying this subject should: understand the influence of social, political and economic factors on the development of Roman Law during the period 450 BC to 533 AD; be familiar with the modern and ancient sources of Roman private law; be able to trace the historical and jurisprudential development of the major legal principles of Roman private law; be familiar with the various divisions of Roman law; understand and be able to apply principles and rules of Roman law to specific problems; understand and account for the survival and reception of Roman law in modern times.
Content:
Constitutional developments in Rome from 450 BC to 533 AD. Sources of Law. Sources in the various periods of Roman history. Natural and civil law, written law and unwritten law; ius gentium, ius civile and ius honorarium; custom, lex, interpretation, edicta magistratuum, senatus consulta, constitutions principum, codes and the digest. The survival and reception of Roman law. Modern sources of Roman law. The Law of Persons. The concept of status and legal rights and duties arising therefrom. Slavery: Becoming a slave, the status of slaves, and emancipation of slaves. The status of freedmen. Citizenship: Rights and duties of citizens, acquiring the status of a citizen. The legal status of non-citizens. Family relationships: Dependent and independent persons. The powers of the head of the Roman family. Marriage: Requirements for marriage, formalities, types of matrimonial relationship. Divorce. Guardianship: Guardianship of women. The appointment and duties of the guardian. Guardianship of minors. Care of the insane and the prodigal. The Law of Property. Legal rights in things. Legal classes of things. Ownership: The concepts of ownership and possession. Dominium and other forms of ownership. Ways of acquiring ownership of things: by occupation, accession, creating a new thing, taking fruits and finding treasure. Transfer of ownership from one person to another. Special modes of transfer for some classes of thing: mancipation. General modes of transfer: delivery. Usucapion. Overcoming defects in civil law rights of ownership. Remedies: Legal rights of action to protect real rights and to regain lost possession. Real securities: Using real rights in things to guarantee the performance of other obligations. The Law of Succession. The acquisition of a deceased person's assets and liabilities. Testate succession: Capacity to make a will. Formalities for making a valid will in different circumstances. The rights and duties of the heir to the estate. Freedom of testation and limitations thereof. Legacies: The requirements for disposing of benefits by means of a legacy. Formalities and restrictions. Codicils. Intestate succession: The order of succession to a deceased's estate provided by the law in the event of there being no valid will. The Law of Obligations. Legal rights against people. The development of legally enforceable obligations. Delict: Obligations arising from theft, damage caused to another property, and injury to another dignity. Liability for damage done by animals. Liability for fraud and duress. Contracts: Obligations arising from various contracts. Verbal contracts (for dowry, or the services of a freedman, or any serious promise). Literal (written) contracts. Real contracts (loans of property for use, consumption or safekeeping, and pledges). Consensual contracts (sale, the hire of things and services, partnership and mandate). Innominate contracts and quasi-contracts. Pacts. The rights and duties of the parties to a contract and the enforcement of those legal rights. The Law of Actions. The enforcement of legal rights in a court of law. Summons. Getting the defendant to court. Procedure: Ascertaining the legal right to relief. Joining issue and trial. Historical developments of the law of actions. Early formal procedure, (450 BC to 120 BC), procedure by special formulation of the issue, (120 BC to 350 AD), and investigative procedure (after 350 AD).Execution: Giving effect to the judgement of the court by forcing the defendant to comply with the order made. Praetorian remedies.
Assessment:
Either Research assignment 4,000 words (40 per cent) and Final Exam 2 hours (60 per cent) or Final Exam 3 hours (100 per cent).
Prescribed texts:
Law subject : Next:730-372 | Prev:730-382 | Search | Help
Handbook 1996 : Faculty of Law (Volume 3 page 225)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.