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:	79170
ECTS:	4.0
Course coordinators:	prof. dr. sc. Marko Petrak
Exam dates:	15. 11. 2021. 24. 01. 2022. 07. 02. 2022. 18. 04. 2022. 31. 05. 2022. 27. 06. 2022. 11. 07. 2022. 29. 08. 2022. 12. 09. 2022. Exam registration: Studomat

Literature:

R. C. van Caenegem; European law in the past and the future: unity and diversity over two millennia; Cambridge University Press (2002) Jan Smits; The making of European private law: Toward a Ius Commune Europaeum as a mixed legal system; Intersentia (2002), str. 1-106

Optional literature:

Reinhard Zimmermann; Arthur S. Hartkamp et al.; Towards a European civil code; Kluwer Law International (1994), str. 65 ff Rolf Knuetel; Ius commune und Roemisches Recht vor Gerichten der Europaeischen Union; Juristische Schulung (JuS) (1996), str. 768-778 Hans Kreller; Roemisches Recht II. Grundlehren des Gemeinen Rechts. Romanistische Einfuehrung in das geltende Privatrecht; Springer-Verlag (1950) Jean Carbonnier; Usus hodiernus Pandectarum, in: Festschrift fuer I. Zajtay; J.C.B. Mohr (Paul Siebeck) (1982), str. 107 ff Reinhard Zimmermann; Roman law, contemporary law, european law: the civilian tradition today; Oxford University Press (2001)

Description:

Corpus Iuris Civilis - foundations of European private law tradition; Ius Commune: recieved Roman law as European common law; Ius Commune and civil law codifications; Pandektistik and modern European private law doctrine; Ius commune and Common Law; Ius commune and European Private Law

Cognitive Skills:

Knowledge and understanding

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

- identify and distinguish among basic aspects of ius commune as the foundation of modern prvate law systems in historical and comparative context, especially with regard to harmonisation and/or unification of private law in Europe;

- define basic sources, concepts and principles of ius commune

- explain basic institutes in different branches of ius commune in comparison with modern European private law systems;

- recognise their connection into an integral private law system built on the tradition of ius commune and its centennial scientific analysis and practical application

 

Application

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

- group and describe basic institutes of ius commune in comparison with modern European private law systems;

- demonstrate the influence of rules and principles of ius commune on the development of private law in Europe;

- apply principles, rules and solutions of ius commune to practical problem oriented tasks;

- illustrate the significance of ius commune tradition for the identity and stability of modern private law systems

 

Analysis

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

- analyse processes of the origin and development ofdifferent rules, principles and systems of private law that belong to the ius commune tradition;

- distinguish among basic concepts, institutes and branches of ius commune and their further development in modern European private law systems, and compare their mutual similarities and differences;

- categorise concepts, institutes and branches of ius commune in historical and comparative context with the aim of critical analysis of modern private law;

- examine the application of ius commune principles, rules and solutions in concrete cases in modern national and European legal practice

 

Synthesis

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

- reconstruct the connection between individual legal institutes in private law systems built on the foundation of ius commune tradition;

- formulate conclusions about the significance of ius commune for modern legal systems, legal practice and science, particularly with regard to harmonisation and/or unification of private law in Europe

 

Evaluation

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

- evaluate the significance of ius commune for modern private law orders, their identity and stability;

- estimate the relation between basic concepts, institutes and branches of ius commune, and their mutual influence in comparison with modern European prviate law systems;

- assess the significance of ius commune for modern private law systems in the context of large European and global legal traditions, particularly with regard to harmonisation and/or unification of private law in Europe;

- estimate the influence of traditional private law principles and rules on the development of important aspects of social life as a whole.

Practical and Generic Skills:

After successfully mastering the course, students will gain competences that will enable them an in-depth analysis of fundamental concepts, institutes and branches of ius commune in comparison with modern European legal systems and their adequate evaluation, particularly taking into consideration harmonisation and/or unification of private law in Europe. At the same time students should, through an in-depth analysis of selected ius commune rules and principles, gain ability to adequately apply them in practice. Gained skills will enable the students a comprehensive analysis and application of complex private law doctrines on the basis of adequate understanding of historical and comparative context.

Matching Assessments to Learning Outcomes:

Knolwegde is tested through an oral examination.

Oral examination consists of testing understanding of relevant sources, concepts, institutes and branches of cmmon law (ius commune); explanation of its development and importance of its fundamental rules and principles; their application within national and European legal practice; evaluation of the importance of the common law tradition for modern legal orders, practice and science, particularly regarding the harmonisation and/or unification of private law in Europe.

Consultations schedule:

• prof. dr. sc. Marko Petrak :

  Tuesday, 17h

  Location: Ćirilometodska 4, room 30