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| DROI1103-1 | History of private law
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| Duration : | 60h Th |
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| Credits/ECTS : |
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| Holder(s) : | Robert Jacob |
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| Language : | French language |
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| Course contents : | The main area of study will be the three components of Western legal culture: Roman law (examined not in itself but through texts from the Middle Ages and modern times), canon law (ecclesiastical law) and custom, as well as their respective influence on the formation of our law. |
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| Course objective : | The aim of the course is to provide students with the historical bases of our private law by retracing the evolution of this source and its institutions between the end of the Roman Empire and the turn of the 19th and 20th centuries.
A number of recommendations relating to the course:
From October to March: rather than memorising everything, students should organise the subject intellectually by referring back to notes, creating summaries, etc. (every student has their own method; if possible, they should compare their work with that of the other students rather than working alone). This organisation of the workload should also include the following:
- a chronological order: never confuse the different eras and therefore set yourself solid reference points, identify the most important dates and precisely situate the events, trends in thought, etc.
- a thematic order: precisely identify abstract concepts and their possible transformations, identify the various areas in class where the same issue is dealt with (the concept of property for instance) and be able to uncover all the element in order to deal with the question on its own.
Carefully distinguish the language registers and the levels of analysis: for the same problem, don't confuse questions of law and questions of fact; clearly distinguish the text from the code, the commentary that results from the doctrine, the interpretation made by jurisprudence, the conclusions drawn by the historian.
Assimilate the "elementary grammar of law": notions of business law and law of obligations, consensual and formal contracts, etc., to which students are introduced in the first year but that will be used continuously thereafter. Any error in the use of these basic notions is indicative of failure. |
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| Prerequisites : | None. |
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| Organization : | Lectures, accompanied by a seminar including analyses of texts which are an integral part of the subject.
Practice:
Optional practice is organised throughout the year. |
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| Written notes : | Instead of a syllabus there is a detailed plan of the course. It is published and sold by the faculty (building B31 - Office II-76-78) |
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| Assessment : | Written exam. Two or three groups of questions:
- 5 to 8 short questions relating to precise points on the subject (expected answer: about a dozen lines).
- 2 development questions (expected answer: two or three pages per question)
- possibly, a commentary of a small text or discussion of an opinion. Examples of questions from the previous year are available and are give as exercises during the practice sessions.
The three types of question more or less correspond to the three expected levels of comprehension of the subject: knowledge, understanding, use, but all answers (to whichever question) must include information that is relevant for the assessment of these different levels. This explains why the mark, such as for an oral exam, is global: there is no coefficient for each question; the student's work is assessed in its entirety (when questions tie in with one another, students must ensure coherence between the answers).
Some recommendations. Use the rough paper provided by the university to plan complete and structured answers before starting to write. Avoid a telegraphic style, abbreviations (own. for owner, etc.), write neatly and watch out for spelling mistakes. Answer the question asked and do not mechanically reproduce the chapter or passage from class that seems to best correspond to the question. Avoid unnecessary digressions (without overly limiting yourself: an abundance of details will not be penalised as long as elements relevant to the answer are given - the rule is: "too much is better than too little". |
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| Contacts : | Mr Robert JACOB, Friday 04/366.30.68. |
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