730-389 Roman Law

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Subject Description:

The social, economic and constitutional context of legal development in Rome from 450 BC to 533 AD. Sources of law in the various periods of Roman history. 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 from status. Slavery, citizenship, family relationships, marriage and guardianship. The Law of Property. The concepts of ownership and possession. Formal and informal modes of acquisition. Original and derivative acquisition. Classifications of property. The protection of real rights. Real rights in property belonging to another person. Real securities. The Law of Obligations. The concept of personal obligations. Personal obligations arising in delict: theft; damage caused to another property; and injury to another's dignity. Liability for damage done by animals. Liability for fraud and duress. Personal obligations arising from contracts: verbal contracts, literal (written) contracts, real contracts and consensual contracts. Innominate and quasi-contracts. Pacts. The Law of Actions. The enforcement of legal rights. Summons. Joining issue and trial. Procedure by legis action, formula, and investigative procedure. Execution of a judgement. Praetorian remedies.

Assessment:

Prescribed Texts:

• Lambiris M, Social Political and Constitutional Background to the Development of Roman Law 753BC-533AD, Lambiris, 1994.
• Thomas, J, Textbook of Roman Law, North Holland.