Study:	Civil Law - 9. semester Commercial Law - 9. semester Constitutional-Administrative - 9. semester Criminal Law - 9. semester International Law - 9. semester The European Union Law - 9. semester
Code:	61336
ECTS:	4.0
Course coordinators:	prof. dr. sc. Tomislav Karlović
Exam dates:	03. 04. 2023. 29. 05. 2023. 26. 06. 2023. 10. 07. 2023. 28. 08. 2023. 11. 09. 2023. Exam registration: Studomat

Literature:

Magdalena Apostolova Maršavelski; Oko termina pojave interdikta Salvianum i servijanskih tužbi; Zbornik Pravnog fakulteta u Zagrebu (1987), str Magdalena Apostolova Maršavelski; Nekretnine kao predmet osiguranja u praksi zagrebačkog Gradeca 14. i 15. stoljeća; Zbornik Pravnog fakulteta u Zagrebu (1986), str Magdalena Apostolova Maršavelski; O problemu porijekla rimske hipoteke; Zbornik Pravnog fakulteta u Zagrebu (1983), str Magdalena Apostolova Maršavelski; Das Grundfandrecht in der Praxis der Zagreber Gradec vom Ende des 14. bis zum Ausgang des 16. Jahrhundert; Ius commune, Zeitschrift fuer europaeische Rechts-geschichte (1991), str Moses M. Finley; Land and credit in ancient Athens; Rutgers University Press (1951), str

Optional literature:

Magdalena Apostolova Maršavelski; Zagrebački Gradec - Iura possesionaria; Pravni fakultet u Zagrebu (1986), str Lujo Margetić, Magdalena Apostolova Maršavelska; Hrvatsko srednjovjekovno pravo: vrela s komentarom; Narodne novine (1999), str

Description:

Prasis epy lisey, apotimena and hypotheca of the Greek law. Pignora in Caton s forms. Pignus obligatum and mortgage. The sphere of application. Greek influences. Mortgage in Cicero s letters (Ad Atticum, 2,17 / Ad fam. 12,6). Interdictum Salvanium, actio Serviana and quasi Serviana. The problem of publicity. Tabula Boethica and solutions in practice. Ius vendendi and lex commissoria in the texts by classical jurists. Medieval mortgages. Creditors alternatives. The character of permanent property of creditors. Ius redemptionis. The question of interest rates and pactum anthichreticum. The right of disposal of the mortgaged real property and the exemption from the statute of limitations.

Cognitive Skills:

Knowledge and understanding

After successfully completing the course, students will be able to:

- identify and distinguish among basic aspects of occurrence and development of mortgage guarantee in Roman legal tradition as a foundation of modern European regulations in historical-comparative context;

- define basic sources, concepts and principles of mortgage guarantee in Roman legal tradition;

- explain the structure and function of mortgage guarantee in Roman legal tradition in comparison with modern European regulations and

- recognise their significance in wider economic and social conntext.

 

Application

After successfully completing the course, students will be able to:

- group and describe basic aspects of mortgage guarantee in Roman legal tradition in comparison with modern European regulations;

- demonstrate the influence of rules and principles of mortgage guarantee in Roman legal tradition on historical development of the regulation of these issues in Europe;

- apply principles, rules and solutions of mortgage guarantee in Roman legal tradition to practical problem tasks;

- illustrate the significance of mortgage guarantee in Roman legal tradition for the identity and stability of modern regulations.

 

Analysis

After successfully completing the course, students will be able to:

- analyse processes of historical origin and development of concepts, rules and principles of mortgage guarantee in Roman legal tradition;

- distinguish basic concepts, rules and principles of mortgage guarantee in Roman legal tradition and their further development in European private law systems, and compare their similarities and differences;

- categorise concepts, rules and principles of mortgage guarantee in Roman legal tradition in historical and comparative context with the aim of critical analysis of modern regulations;

- examine the aplication of rules, principles and solutions of mortgage guarantee in Roman legal tradition on concrete facts within practical problem tasks as a contribution to training students for case-study technique of legal problem analysis

 

Synthesis

After successfully completing the course, students will be able to:

- reconstruct in a detailed and thorough manner the connection between mortgage guarantee and other aspects of property law and law of obligations in European legal culture;

- formulate conclusions about the significance of mortgage guarantee in Roman legal tradition for modern legal systems, legal practice and science.

 

Evaluation

After successfully completing the course, students will be able to:

- evaluate the significance of mortgage guarantee in Roman legal tradition for modern regulations, their identity and stability;

- judge the relation between basic concepts, rules and principles of mortgage guarantee in Roman legal tradition and their current regulation;

- evaluate the importance of mortgage guarantee in Roman legal tradition formodern regulations in the context of similarities and differences of European and global legal traditions in the aforementioned aspect;

- assess the influence of mortgage guarantee on the development of individual important aspects of economic and social life

Practical and Generic Skills:

After successfully mastering the course, students will gain competences that will enable them an in-depth analysis of basic concepts, rules and principles of mortgage guarantee in Roman legal tradition in comparison with modern regulations and their appropriate evaluatiuon. At the same time, students should be able to gain ability to adequately apply traditional rules and principles of mortagge guarantee in practice. Gained skills will enable students to prepare themselves more thoroughly for the analysis and application of modern doctrines that relate to mortgage guarantee on the basis of adequate understanding of historical-comparative context.

Matching Assessments to Learning Outcomes:

Knowledge is tested on the basis of an oral examination.

Oral examination consists of testing the understanding of historical development, principal sources and concepts of mortagge guarantee, explanation of its fundamental rules and principles, their application within problem-oriented tasks, evaluation of the significance of mortgage guarantee in Roman legal tradition for modern legal systems, legal practice and wider economic and social context.

Consultations schedule:

• prof. dr. sc. Tomislav Karlović:

  on agreement by e-mail (live or via GMeet)

  Location: Ćirilometodska 4, room 30