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 730-389 Roman Law

Note

The following conditions apply when this subject is taken by students enrolled in the Faculty of Arts:

Credit points: 16.7

Prerequisites: 33 points at 2/3 level in Classical Studies or another approved discipline.

Contact: 2 hours per week

Assessment: Research Assignment 3000 - 4000 words (50%) and Final Exam 2 hours (50%).

Credit Points

20

Coordinator

Assoc. Professor M Lambiris

Prerequisites

Torts and the Process of Law; History and Philosophy of Law.

Semester

1 and 2

Contact

2 hours per week

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 law of Persons. The concept of status. Legal rights and duties arising from status. Slavery, citizenship, family relationships, marriage and guardianship. The Law of Things (Property).Classifications of property. The Roman concept of ownership and possession. Formal and informal modes of acquisition. Original and derivative acquisition. The protection of real rights. Real rights in property belonging to another person. Real securities. The Law of Things (Obligations). Personal obligations arising in delict (theft; damage caused to another's property; injury to another's dignity; liability for damage done by animals; liability for fraud and duress). Personal obligations arising from contracts (verbal, literal, real and consensual contracts; innominate and quasi-contracts and pacts). The Law of Actions. The enforcement of legal rights. Summons. Joining issue and trial. Procedure by legis actio, formula, and investigative procedure. Execution of a judgement.

Assessment

Either Research Assignment 5000-6000 words (50%) and Final Exam 2 hours (50%) or Final Exam 3 hours (100%).

Prescribed Texts
  • Lambiris M, The Historical Context of Roman Law. Law Book Company, 1997.
  • Thomas, JAC, Textbook of Roman Law. North Holland.
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