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
Ius Commune -Foundations of European Private Legal Systems
Ius Commune -Foundations of European Private Legal Systems
Literature
MANDATORY 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
RECOMMENDED 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)
Learning outcomes
Identify basic sources, concepts and principles of ius commune.
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
1. Identify historical, political, economic, European, international and
other societal factors important for creation and application of the law.
2. Define basic concepts, institutes, basic doctrines and principles of
specific legal fields. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Understanding
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SKILLS
Skill of information management, logical argumentation with respect for
different opinions, learning skills. -
LEARNING CONTENT
Course chapters:
1. Corpus iuris civilis as the foundation of the European tradition of
private law and science
2. Legal schools (Glossators, Commentators) and the reception of
Roman Law
3. Ius commune: recepted Roman law as the European common law
4. Further development of the legal science on the basis of ius
commune: French historical school; Natural law school; German
historical school
5. Ius commune and the codifications of private law
6. Ius commune and the Croatian private law system
7. Ius commune and Common Law
8. Ius commune as the contemporary legal source in the British legal
system and European mixed legal systems (Scotland, Malta,
Channel Islands etc.)
9. Ius commune and European private law
10. The principles of ius commune and EU courts -
TEACHING METHODS
Lectures, work on legal texts, reading of literature.
Interpret the development of different rules, principles and systems of private law that belong to the ius commune tradition, as well as their mutual influence in comparison with modern European private law systems.
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
1. Identify historical, political, economic, European, international and
other societal factors important for creation and application of the law
2. Define basic concepts, institutes, basic doctrines and principles of
specific legal fields -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Understanding
-
SKILLS
Skill of information management, logical argumentation with respect for
different opinions, learning skills. -
LEARNING CONTENT
Course chapters:
1. Ius commune and the Croatian private law system
2. Ius commune and Common Law
3. Ius commune as the contemporary legal source in the British
legal system and European mixed legal systems (Scotland,
Malta, Channel Islands etc.)
4. Ius commune and European private law
5. Ius commune as the basis of the contemporary European
legal culture
6. The role of ius commune in the creation of the European legal
system
7. The principles of ius commune and EU courts -
TEACHING METHODS
Lectures, moderated discussion, work on legal texts, reading of literature.
Anaylse the significance of ius commune for modern private law orders, their identity and stability.
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
1. Identify historical, political, economic, European, international and
other societal factors important for creation and application of the law
12. Assess legal doctrines and principles in dimensions of their
development and in relation to contemporary legal systems -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Analysis
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SKILLS
Skill of information management, logical argumentation with respect for
different opinions, learning skills, skill of systemic usage of information,
skill of clear oral and written production. -
LEARNING CONTENT
Course chapters:
1. Ius commune and the codifications of private law
2. Civil codes as the codifications of ius commune in 19th C.:
Code Civil, ABGB
3. Pandectistics and the modern European private law science
4. Ius commune and the European civil codes in 20th C.: BGB,
Codice Civile, NBW
5. Ius commune and the Croatian private law system
6. Ius commune and Common Law
7. Ius commune as the contemporary legal source in the British
legal system and European mixed legal systems (Scotland,
Malta, Channel Islands etc.)
8. Ius commune and European private law
9. Ius commune as the basis of the contemporary European
legal culture -
TEACHING METHODS
Lectures, moderated discussion, work on legal texts, reading of literature.
Assess the significance of the application of ius commune principles, rules and solutions in concrete cases in modern national and European legal practice.
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
1. Identify historical, political, economic, European, international and
other societal factors important for creation and application of the law
12. Assess legal doctrines and principles in dimensions of their
development and in relation to contemporary legal systems
13. Combine legal concepts and principles of contemporary legal system -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Assessment
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SKILLS
Skill of information management, logical argumentation with
respect for different opinions, skill of systemic
usage of information, skill of clear oral and written
production, skill of knowledge application. -
LEARNING CONTENT
Course chapters:
1. Ius commune and European private law
2. Ius commune as the basis of the contemporary European
legal culture
3. The role of ius commune in the creation of the European legal
system
4. The principles of ius commune and EU courts -
TEACHING METHODS
Lectures, moderated discussion, work on legal texts, reading of literature.
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.
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
1. Identify historical, political, economic, European, international and
other societal factors important for creation and application of the law
3. Explain position and significance of legal science in relation to other
scientific disciplines
12. Assess legal doctrines and principles in dimensions of their
development and in relation to contemporary legal systems -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Synthesis
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SKILLS
Skill of information management, logical argumentation with
respect for different opinions, skill of systemic
usage of information, skill of clear oral and written
production, skill of knowledge application. -
LEARNING CONTENT
Course chapters:
1. Ius commune and Common Law
2. Ius commune as the contemporary legal source in the British
legal system and European mixed legal systems (Scotland,
Malta, Channel Islands etc.)
3. Ius commune and European private law
4. Ius commune as the basis of the contemporary European
legal culture
5. The role of ius commune in the creation of the European legal
system
6. The principles of ius commune and EU courts -
TEACHING METHODS
Lectures, moderated discussion, work on legal texts, reading of
literature.