Oxford Mods — Roman Law — Sample Paper

"The Roman law of property cannot be understood without first grasping the distinction between dominium and possessio." Discuss with reference to both the Institutes of Gaius and the Institutes of Justinian.

How did Justinian reform the classical law on the acquisition of ownership? Did the reforms simplify or distort the underlying scheme inherited from Gaius?

Discuss the development of consensual contracts in Roman law. To what extent was the principle solo consensu obligari truly classical?

Either: (a) Examine the role of the Lex Aquilia in the development of the Roman law of delict. Or: (b) "Patria potestas was the central principle of Roman family law." Discuss.

"The system of formulary procedure was the engine of classical Roman private law." Discuss with reference to the role of the praetor and the function of the iudex.

How did Roman law distinguish dominium from the various lesser real rights (servitudes, emphyteusis, superficies, pignus, hypotheca)? In what sense did Justinian rationalise the classical scheme?

"Roman quasi-contract was not a single category but a residual heading housing several distinct doctrines." Discuss with reference to negotiorum gestio and solutio indebiti.

Either: (a) Account for the historical development of Roman testamentary law from the Twelve Tables to Justinian, with particular reference to the querela inofficiosi testamenti and the Lex Falcidia. Or: (b) "Slavery is the single doctrine which most fundamentally separates Roman law from the legal systems descended from it." Critically evaluate.