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European Legal History and Roman Law

The course aims to offer an overview of the Roman law and Roman legal institution, which form the basis of European legal system. The students will have an opportunity to have a glimpse of legal argument structure and the sophisticated legal analysis discernible from Roman legal sources. It is hoped that a comparative outlook one can have as a result of the study of Roman law will help deepen one's understanding of the modern Korean law.

The following topics will be covered:

1. Expansion of Rome: Political and legal institutions of the Roman Republic
2. Sources of the Roman law
3. Overview of the Roman litigation
4. Division of Personal status

  • liberi / servi
  • sui iuris / alieni iuris
  • Roman citizenship

5. Tutorship, Guardianship, Marriage, adoption
6. Acquisition of things
7. Iura in re aliena
8. Obligations

  • ex contractu (sale, lease, mandate, partnership)
  • ex maleficio (lex Aquilia, iniuria)

9. Roman law in medieval Europe