Guías Docentes Electrónicas
1. General information
Course:
ARBITRATION IN ROMAN LAW
Code:
35361
Type:
ELECTIVE
ECTS credits:
4.5
Degree:
334 - UNDERGRADUATE DEGREE PROGRAMME IN LAW
Academic year:
2022-23
Center:
3 - FACULTY OF LAW OF ALBACETE
Group(s):
10 
Year:
4
Duration:
C2
Main language:
Spanish
Second language:
Use of additional languages:
English Friendly:
Y
Web site:
Bilingual:
N
Lecturer: JOSE ANTONIO MARTINEZ VELA - Group(s): 10 
Building/Office
Department
Phone number
Email
Office hours
Melchor de Macanaz - Despacho 3.01
CIENCIA JURÍDICA Y DERECHO PÚBLICO
2153
joseantonio.martinez@uclm.es

2. Pre-Requisites

It is advisable to have taken the subjects "Roman Law" and "Procedural Law I" before.

3. Justification in the curriculum, relation to other subjects and to the profession

The last decades have shown an increasingly complicated panorama in the solution of legal conflicts. An increasingly technological society, where social values prevail over individual values, where technology has made citizens' behavior evolve and where administrative regulation is increasing, must necessarily lead to an increase in litigation. All these elements, among others, complicate, when they do not preclude, a solution of legal conflicts that can be reached in a rational way, both in terms of time and cost. In the desire to seek a quick, effective, discreet and non-traumatic solution to legal conflicts outside the jurisdictional bodies or within them, is the movement of the "Alternative Dispute REsolution" (ADR).

There is no doubt that arbitration, mediation or conciliation have been consolidated in almost all Western countries, as alternative ways and almost contrary to the judicial option, in order to offer citizens new perspectives for resolving their conflicts. However, the existence of conflict resolution systems between individuals without having to resort to state intervention is not something new in history. The ancient world knew perfectly these extrajudicial forms of conflict resolution: recourse to arbitration was very frequent as a formula to resolve controversies in the Greek world. In ancient Rome, recourse to this institution was also very common, both in the public and private spheres. That is why the study and analysis of the evolution of these extrajudicial conflict resolution institutions in the ancient world can greatly help the student to better know and understand the current system.

 


4. Degree competences achieved in this course
Course competences
Code Description
E08 Work on dialogue, debate, argumentation and the proposal of reasonable solutions in different contexts.
E10 Aptitude for negotiation, conciliation, mediation and conflict resolution from a legal perspective.
E12 Analyze the Law and its main public and private legal institutions from their genesis to their current reality.
E14 Acquire the capacity to provide legal advice to public, private and private entities.
G04 Incorporate the sense and ethical principles in their professional activity
G08 Develop skills in interpersonal relationships, teamwork and leadership skills in work groups.
G09 Develop critical and self-critical thinking.
G14 Ability to apply knowledge to practice.
5. Objectives or Learning Outcomes
Course learning outcomes
Description
To encourage critical awareness in the analysis of the legal system.
An understanding of the structure, functioning and competence of the administrative institutions that created and shaped Spanish Law in its different historical periods.
To critically analyse both historical and current normative texts and to interpret and apply legal sources.
To develop the ability to work as part of a team.
The ability to describe and resolve conflicts in the Roman legal world and the ability to deal with the problems of mediation between the parties in today's society, trying to avoid the judicialisation of the conflict.
Additional outcomes
Not established.
6. Units / Contents
  • Unit 1: Out-of-court dispute resolution: general issues
  • Unit 2: Arbitrations in the field of Roman Public Law
  • Unit 3: Introduction to Roman Civil Procedural Law. The so-called "legal arbitrations"
  • Unit 4: The "arbitrium boni viri2
  • Unit 5: Arbitration in Roman Law
  • Unit 6: The "Episcopalis Audientia" and other ways for extrajudicial conflict resolution in Roman law
  • Unit 7: The Reception of Arbitration in Spanish Historical Law
7. Activities, Units/Modules and Methodology
Training Activity Methodology Related Competences (only degrees before RD 822/2021) ECTS Hours As Com Description
Class Attendance (theory) [ON-SITE] Lectures 0.82 20.5 Y N Theoretical presentation by the professor of the most relevant aspects of the subject
Class Attendance (practical) [ON-SITE] Case Studies 0.21 5.25 Y N
Project or Topic Presentations [ON-SITE] Combination of methods 0.24 6 Y N Presentation and discussion in class of a directed work on one of the parts of the syllabus.
Progress test [ON-SITE] Assessment tests 0.08 2 Y N
Writing of reports or projects [OFF-SITE] Group Work 0.84 21 Y N Estimated time necessary to write the work directed by the Professor in relation to a specific aspect of the syllabus
Analysis of articles and reviews [OFF-SITE] Guided or supervised work 0.84 21 Y N Estimated time necessary to read the basic bibliography to prepare the directed work to be carried out by the student throughout the semester
Study and Exam Preparation [OFF-SITE] Self-study 1.47 36.75 Y N Estimated time necessary to assimilate the essential theoretical aspects of the subject
Total: 4.5 112.5
Total credits of in-class work: 1.35 Total class time hours: 33.75
Total credits of out of class work: 3.15 Total hours of out of class work: 78.75

As: Assessable training activity
Com: Training activity of compulsory overcoming (It will be essential to overcome both continuous and non-continuous assessment).

8. Evaluation criteria and Grading System
Evaluation System Continuous assessment Non-continuous evaluation * Description
Theoretical papers assessment 30.00% 40.00% Students must carry out and orally present a theoretical work on any of the items on the syllabus, always under the direction of the professor responsible for the subject. Those students who do not attend class regularly and therefore cannot present the aforementioned work, must nevertheless carry out said written work that will be delivered to the professor, and, in addition, they must comment on a textbook that will be provided by the Professor responsible for the subject.
Progress Tests 50.00% 60.00% Throughout the semester there will be two progress tests in relation to the different topics that make up the syllabus. Those students who do not pass both, or who do not take them, may make up the same on the day set in the academic calendar for the final exam of the subject, by answering 4 specific theoretical questions.
Assessment of active participation 20.00% 0.00% Active and enriching participation in the theoretical and practical sessions of the subject will be taken into consideration.
Total: 100.00% 100.00%  
According to art. 4 of the UCLM Student Evaluation Regulations, it must be provided to students who cannot regularly attend face-to-face training activities the passing of the subject, having the right (art. 12.2) to be globally graded, in 2 annual calls per subject , an ordinary and an extraordinary one (evaluating 100% of the competences).

Evaluation criteria for the final exam:
  • Continuous assessment:
    Evaluation criteria not defined
  • Non-continuous evaluation:
    Evaluation criteria not defined

Specifications for the resit/retake exam:
All those assessable activities carried out and passed throughout the semester are kept for the resit/retake exam.
Specifications for the second resit / retake exam:
Evaluation criteria not defined
9. Assignments, course calendar and important dates
Not related to the syllabus/contents
Hours hours

Unit 1 (de 7): Out-of-court dispute resolution: general issues
Teaching period: 3 weeks

Unit 2 (de 7): Arbitrations in the field of Roman Public Law
Teaching period: 2 weeks

Unit 3 (de 7): Introduction to Roman Civil Procedural Law. The so-called "legal arbitrations"
Teaching period: 2 weeks

Unit 4 (de 7): The "arbitrium boni viri2
Teaching period: 1 week

Unit 5 (de 7): Arbitration in Roman Law
Teaching period: 3 weeks

Unit 6 (de 7): The "Episcopalis Audientia" and other ways for extrajudicial conflict resolution in Roman law
Teaching period: 2 weeks

Unit 7 (de 7): The Reception of Arbitration in Spanish Historical Law
Teaching period: 2 weeks

General comments about the planning: Through MOODLE, once the course has started and the number of students enrolled in the subject is known, will be published the classes in which the two progress tests will take place and those in which the students will proceed to expose their works.
10. Bibliography and Sources
Author(s) Title Book/Journal Citv Publishing house ISBN Year Description Link Catálogo biblioteca
Cimma, Maria Rosa L¿episcopalis audientia nelle costituzioni imperiali da Costantino a Giustiniano 1989  
Cohen, Boaz Arbitration in jewish and roman law 1958  
Cuena Boy, Francisco La "episcopalis audientia" Universidad de Valladolid. Secretariado de Publ 84-86192-53-6 1985 Ficha de la biblioteca
De Ruggiero, Ettore. L'arbitrato pubblico in relazione col privato presso i romani 1971  
Declareuil, J. Du compromis en droit romain et en droit français 1887 http://gallica.bnf.fr/ark:/12148/bpt6k84042h.r=.langES  
Dereck Röbuck - Bruno de Loynes Roman Arbitration Oxford Holo Books 0953773035 2004  
Fernández de Buján, Antonio (1953-) Derecho Público Romano : recepción, jurisdicción y arbitraje Aranzadi 978-84-470-3248-8 2009 Ficha de la biblioteca
Fernández de Buján, Antonio (1953-) Derecho privado romano Iustel 978-84-9890-202-0 2012 Ficha de la biblioteca
Harries, Jill. Dispute Settlements 1999  
Raeder, A. L'ARbitrage chez les Hellenes 1912  
Vismara, Giulio La Giurisdizione Civile dei Vescovi 1995  



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