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ROMAN LAW II

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Learning Outcomes

  • relate the term of obligation in Roman law with the term of obligation in contemporary law.
  • explain the subject of obligation and the parties of obligation.
  • express the term of praestare (the performance of an obligation)
  • categorize the primary types of praestare.
  • distinguish the species and genus.
  • define the term of "obligatio naturalis".
  • question how Roman law of obligations and Roman law of property had influenced contemporary law.
  • identify the comparison of institutes of Roman law and contemporary law.
  • explain the importance of actios which have a compulsive role in urging the debtor to perform his duty.
  • list the actios both a debtor and creditor could sue according to different types of contracts.
  • explain the term of "things(res)".
  • explain the term of ownership.
  • categorize the ways of getting ownership.
  • explain the liability of a debtor during different periods.
  • distinguish the objective liability and subjective liability.
  • explain the term culpa.
  • compare the measures of liability according to different periods.
  • categorize the system of contracts in Roman law.
  • debate that the sources of obligations could be contracts, quasi contracts, delicts, quasi delicts or the other reasons.
  • judge that Roman law is very similiar to contemporary law in terms of categorizing the sources of the obligations.
  • define the term of contract.
  • compare the features of contracts in Roman law with the contracts in contemporary law.
  • explain the reasons of the discharge of the obligations.
  • explain the term of performance(solutio) and the term of default(mora).
  • explain in which situations it could be possible for the parties to release from a debt.
  • judge that Roman law is similiar to contemporary law in terms of the reasons of the discharge of the obligatons.
  • explain the importance of the term of rights in rem and also things(res).
  • explain the content, components and the main and distinctive characteristics of rights in rem.
  • list the types of rights in rem.
  • explain the classification of the things(res).
  • identify the importance of ownership in Roman law of property.
  • categorize the ways of getting ownership.
  • explain the limitation of ownership.
  • explain how ownership could be maintained by actios.
  • explain the term of possession and the importance of possession in Roman law.
  • define the term "possession".
  • explain the types of possession.
  • explain the protection of possession.
  • explain the content of "iura in re aliena".
  • list the "servitudes".
  • explain the features of ususfructus and the protection of ususfructus.
  • define the emphyteusis,superficies, pignus and hypotheca.
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