The Principles of Roman Law II: Successions, Obligations 2200-FOR11

Summer Semester:

UNITS 1-2: Successions
The notion of Succession. 'Natural' vs. Succession by Will. Succession based on the Law of XII Tables. Early Roman Wills. How to circumvent the Limitations? Praetorian vs. Civil Succession Types of Wills. Testamentary Provisions in Detail. The Will of Kronion.

UNIT 3: The Law of Obligations: the Introduction.
The Origins and the Division thereof. The Genesis (From nexum, fiducia, stipulatio & talio to Contractual and Delictual Liability). A unique Roman Invention? The Sources. The Contents and the Conditions thereof. Impossibility. No Obligation in favour of the 3rd Party. Dare-Facere-Praestare. Divisibility and Indivisibility.

UNIT 4: The Law of Obligations: Stipulation
The Rite. The Advantages thereof. Formal and Abstracts Acts Revisited (Abstractiveness vs. Causality. Conditions). Presumptions. Perfomance of Certain/Uncertain. Actions. Abstract Legal Transactions Revisited.

UNIT 5: The Law of Obligations: The 'Real' Contracts.
Real Contracts in General: Ways of Contract Making, the Genesis. Similarities and Differences: mutuum (loan for consumption) vs. depositum (deposit), pignus (pledge) commodatum (loan for use). Liability of the Debtor. Custodia Introduced. Mutuum and Depositum Irregulare : how 'Real' Are They? (Fictitious Transfer).

UNITs 6–7 The Law of Obligations: The Contract of Sale
Necessary Components of the Transaction: Price and Merchandise. The Problem of Price (the Difference between Sabinians and Proculeians and the Reasons thereof). Consent as the Basis of the Contract. Risk vs. Duty to Safekeep. Good Faith as the Basis of Liability. Seller's Liability for Defects. Additional Pacts and the Versality of the Contract.

UNIT 8 The Law of Obligations: The Contract of Hire/Lease
Necessary Components of the Transaction: Rent and Merchandise. Likeness to Sale. Types of Locatio-Conductio. The Management of Risk. Contractual Liability in General (dolus-fraud : culpa-negligence : custodia-safekeeping : vis - 'force majeure'). Maritime transport, the Function of Receptum nautarum (Warranty of the Capitan).Lex Rhodia de iactu.

UNIT 9 The Law of Obligations: The Contract of Mandate
Gratuitous Services in the Roman Word. Liability of the Mandatary (Fraud or Fraud + Gross Negligence?) and of the Mandator. Exceeding the Terms of Mandate. Silent (Implied) Mandate. Mandate for the Sole Benefit of the Mandatary. Mandatum Qualificatum. Death and Mandate.

UNIT 10: The Law of Obligations: Liability without a Prior Agreement: Negotiorum gestio (Agency without Commission)
The notion of Quasi-contracts and their Division. Agency without Commission: The Origins. The Actions. Liability of the Agent without Mandate. The Basis of Master's Liability: Utility.Other Examples of Liability Similar to the Contractual: Bequests, Co-ownership, Guardianship.

UNIT 11: The Law of Obligations: Undue Payment and Surpassing the numerus clausus of the Roman Contracts
A) The notion of solutio indebiti. Undue Payment and Unjustified Enrichment: the Differences. Condictio and rei vindicatio. Traditio and the Transfer of Ownership: 'close' and 'remote' cause (causa acquirendi/causa retinendi). condictio ob turpem causam. B) Beyond the numerus clausus of Roman contracts: the role of stipulatio. Informal pacts and their influence on legal transactions based on strict law and on good faith. exceptio pacti. contractus reales innominati.

UNIT 12: A Deficient Statute and how to Mend it? Aquilian Damage
Liability for Iniuria in the Archaic Times. Aquilian Plebiscite and its Origins. The Statute and its Defects. Interpretation of Damnum. Directness of Damage.

UNIT 13: Elements of Delictual Liability: Aquilian Liability Continued. Pauperies.
Unlawfulness in the Original Statute: Strict Liability. Exemptions (Defences?) from Liability: Lawfulness, Force-majeure and Necessity, Impossibility to Reason, Contributory Negligence of the Victim, Assuming of Risk. Self-Defence and its Limits. Unlawfulness in Praeclassical and Classical Period (Liability Based on Negligence): Duty of Care in Roman Law?. The Character of the Action. Contractual vs. Delictual Liability. Requisites for the Aquilian and Analogous Action (A Sum-up). Pauperies. Homework x 2

UNIT 14: Elements of Delictual Liability: Beyond Lex Aquilia:
The Traffic Accident Case Solved. Corruption of Slave. Deceit and Duress.

UNIT 15: Elements of Delictual Liability: Beyond Lex Aquilia:
Liability for the Damages inflicted by the Others (Edictum against the Ship-Captains, Inn- and Stable-Keepers; Edict on Pouring and Throwing Things). Liability for Damage Concluded.