UNIVERSITATEA DE STAT DIN MOLDOVA UNIVERSITATEA DE STAT DIN MOLDOVA

FACULTATEA DE DREPT FACULTATEA DE DREPT

DEPARTAMENTUL DREPT PRIVAT DEPARTAMENTUL DREPT PRIVAT

Aprob Aprob
Șef Departamentul Drept Privat Șef Departamentul Drept Privat
Sergiu Baieş___________________ Sergiu Baieş___________________

Examen la Dreptul Privat Roman Examen la Dreptul Privat Roman

Ciclul I, Licență, Anul I, Specialitatea Drept Ciclul I, Licență, Anul I, Specialitatea Drept

TEST no. 1 TEST no. 2

1. Fundamental systems of Roman private law.
1.1. Give the definition for: ius civile, ius praetorium, ius gentium.
1.2. Perform a comparison between ius civile and ius gentium.
1.3. Give reasoning for mutual influence between ius civile, ius praetorium and ius
gentium under the prism of historical development periods of Roman private law.
1. Law and custom - the sources of Roman private law.
1.1. Describe the structure of law like a formal source of Roman private law.
1.2. Perform a comparison between the law and custom like the sources of Roman
private law.
1.3. Give your arguments for why the Laws of the Twelve Tables are important for
the history of Roman private law.

2. Emphyteusis and superficies. 2. Means of obtaining a proprietary right.

2.1. Give the characterization of superficies like a real right over someone else's
belongings.
2.2. Perform a comparison between emphyteusis and superficies as a real rights over
someone else's belongings (lucru).
2.3. Solve the case: Under the contract of emphyteosis Tiberius obtains the title of
emphyteot over the land offered by Iulius. After five years Tiberius died, and his only
son, as a heir, settled on the land and continued cultivating and harvesting the land.
Iulius asked the son of Tiberius to leave the land, invoking the termination of the
emphyteosis contract once the emphyteot dies. Are lulius's demands justified or not?
Give your arguments for the answer.
2.1. Characterize usucapio like a way of obtaining a proprietary right.
2.2. Compare mancipatio and in iure cessio like the means of property obtaining.
2.3. Solve the case: Marius has built an edifice with the materials he owned
(his property). Later, it was found that the edifice was erected with the
exceeding of the borders of Marius's land and is located on the land of his
neighbor - Servius. Servius has invoked the fact that once the edifice was on
his land, it belonged to him and claimed the edifice from Marius's possession.
Are Servius's claims justified or not? Give your arguments for the answer.

Nota Punctaj maxim Nota Punctaj maxim

5 6-8 5 6-8
6 9-11 6 9-11
7 12-18 7 12-18
8 19-25 8 19-25
Examinator 9 26-28 Examinator
9 26-28
10 29-30 Artur Tarlapan ____________ 10 29-30
 Artur Tarlapan ____________ UNIVERSITATEA DE STAT DIN
UNIVERSITATEA DE STAT DIN MOLDOVA MOLDOVA
FACULTATEA DE DREPT FACULTATEA DE DREPT
DEPARTAMENTUL DREPT PRIVAT DEPARTAMENTUL DREPT PRIVAT

Aprob Aprob
Șef Departamentul Drept Privat Șef Departamentul Drept Privat
Sergiu Baieş___________________ Sergiu Baieş___________________

Examen la Dreptul Privat Roman Examen la Dreptul Privat Roman

Ciclul I, Licență, Anul I, Specialitatea Drept Ciclul I, Licență, Anul I, Specialitatea Drept

TEST no. 3 TEST no. 4

1. Jurisprudence and praetor's edict - sources of Roman private 1. Codification of Justinian.

law.
1.1. Characterize the concepts of the followers of the Sabinian and Proculeian schools.
1.2. Compare the praetor's edicts and emperor's edicts.
1.3. Give the arguments for the influence of jurisprudence and praetor's edicts on the evolution
of Roman private law.
1.1. Describe the realization process of Justinian's codification.
1.2. Compare component parts of the Justinian's Codification.
1.3. Give your arguments in favor of importance of Justinian's
Codification for the development of private law.

2. Possession. 2. The notion and requirements for a valid contract.

2.1. Define the term possession and describe its elements.
2.2. Perform a comparison of the possession categories in Roman private law.
2.3. Identify what kind of prohibitions of possession these are and in favor of whom
the praetor will issue the decision in the following situations: a) Marcus took a slave
From Iunius, threatening him with the sword; B) Octavius constantly throws the
garbage into the Celsus's backyard; c) Nerva possessed the horse for 8 months, after
which the horse came into the possession of Iulianus for a period of 7 months; d)
Gaius grazes his animals on Antoniu's field, while Antoniu is off on business.
2.1. Characterize the requirements for a valid contract.
2.2. Compare eror with dolus like a flaws in consent at the conclusion of contracts.
2.3. Give the arguments for which of the situations listed below can be considered a
flaw in Will that affects the validity of the contract: a) the person considered that
something was donated to him, but in fact it was given in loan (only lent); B) the
person did not say the most important for this contract; c) the person thought
something was possible, but it turned out to be prohibited by law; d) the person said
something, but wanted to say another thing.

Nota Punctaj maxim Nota Punctaj maxim

5 6-8 5 6-8
6 9-11 6 9-11
7 12-18 7 12-18
8 19-25 8 19-25
9 26-28 Examinator 9 26-28 Examinator
10 29-30 Artur Tarlapan ____________ 10 29-30 Artur Tarlapan ____________
 Artur Tarlapan ____________
UNIVERSITATEA DE STAT DIN MOLDOVA UNIVERSITATEA DE STAT DIN MOLDOVA
FACULTATEA DE DREPT FACULTATEA DE DREPT
DEPARTAMENTUL DREPT PRIVAT DEPARTAMENTUL DREPT PRIVAT

Aprob Aprob
Șef Departamentul Drept Privat Șef Departamentul Drept Privat
Sergiu Baieş___________________ Sergiu Baieş___________________

Examen la Dreptul Privat Roman Examen la Dreptul Privat Roman

Ciclul I, Licență, Anul I, Specialitatea Drept Ciclul I, Licență, Anul I, Specialitatea Drept

TEST no. 5 TEST no. 6

1. The forms of a trial process.
1.1. List the characteristic features of the extraordinary procedure.
1.2. Compare the legis actiones procedure with the formulary procedure.
1.3. Identify the component parts in the following formula: Titus will be judge.
Judge, if it turns out that Neratius pledged (pledge = gaj) to Nerva the agricultural
land near Rome for the loan of 5,000 sesterces, once Nerva revendicates the land on
the grounds of non-payment of the loan, then the judge should convinct Neratius
before Nerva, considering Neratius's statement that the limitation period regarding the
loan has expired.
2. The notion and classification of obligations.
2.1. Characterize the elements of obligation.
2.2. Compare civil obligations with the natural ones.
2.3. Give your arguments for the specifics of the enforcement of
solidary obligations and obligations in shares.
1. The notion and classification of actions. Limitation periods.
1.1. Characterize the limitation periods (statutes of limitation) in Roman private law.
1.2. Compare real actions with the personal ones, and civil actions with the praetorian
ones.
1.3. Identify what kind of actions the Praetor will grant in the following situations,
using different criteria for classifying the actions: a) Gaius demands the restitution of
the thing/belonging illegally held by Severus; b) Neratius's slave caused a loss to
Iunius; c) Marcus demands from Julius the rent payment for residence; d) Antony
demands the restitution of a belonging stolen by a pilgrim.
2. The termination of obligation.
2.1. Define and list the voluntary and involuntary means of termination of obligations.
2.2. Compare a fortuitous impossibility of performance with the impossibility of a performance
and compare a confusion with the death as means of termiation of obligations.
2.3. Solve the case: Titus borrowed from Maevius the sum of 100 sesterces for a one year term.
Three months later, Maevius accidentally hit a slave belonging to Titus with his cart and killed
him. The slave was worth 80 sesterces. Titus demanded payment of the slave's cost. What are
the conditions of compensation as a way of termination of the obligation? Can Maevius or not
invoke compensation in the situation described above? Give your arguments for the answer.

Nota Punctaj maxim Nota Punctaj maxim

5 6-8 5 6-8
6 9-11 6 9-11
7 12-18 7 12-18
8 19-25 8 19-25
Examinator 9 26-28 Examinator
9 26-28
10 29-30 10 29-30 Artur Tarlapan ____________
 FACULTATEA DE DREPT
UNIVERSITATEA DE STAT DIN MOLDOVA DEPARTAMENTUL DREPT PRIVAT
FACULTATEA DE DREPT
DEPARTAMENTUL DREPT PRIVAT Aprob
Șef Departamentul Drept Privat
Aprob Sergiu Baieş___________________
Șef Departamentul Drept Privat
Sergiu Baieş___________________ Examen la Dreptul Privat Roman
Ciclul I, Licență, Anul I, Specialitatea Drept
Examen la Dreptul Privat Roman
Ciclul I, Licență, Anul I, Specialitatea Drept TEST no. 8

TEST no. 7 1. The legal status of roman citizens and latin citizens.
1.1. Characterize the ways of obtaining Roman citizenship.
1. Full and limited legal capacities of a person. 1.2. Compare the legal status of Roman citizens with the Latins' legal status.
1.1. Characterize the elements of the full legal capacity of a person.. 1.3. Solve the case: A roman citizen concluded a marriage with a Latin woman who
1.2. Compare the categories of a limited legal capacity of individuals. (capitis deminutio). lived in a colony established on italian land in 280 BC. A child was born out of that
1.3. Give the arguments for the influence of honor on legal capacity and the effects of infamy in
Roman private law.
marriage. Shortly after the birth of the child, his father has died. After the death of the
Roman citizen, his brother expressed his desire to inherit after his brother, at the same
time invoking that Latin woman and her child can not lay claim to the patrimony of
2. The testamentary succession.
the deceased's on the grounds of nullity of marriage. The brother of the deceased
2.1. List the conditins necessary for a validity of will (testament). addressed the Praetor. How will the case be solved? Give your arguments.
2.2. Compare the testamenti factio activa with testamenti factio passiva.
2.3. Solve the case: After the death of a roman citizen, his will was discovered. According to 2. The proprietary right. The defenses of the right to property.
the will, the roman citizen had drawn up in his will his house in Rome and all the movable 2.1. Define the "proprietary right" in objective and subjective senses.
property of his wife. However, after conclusion the will, the citizen has purchased another villa,
which he did not draw up in the rill, since it was drawn up earlier. On this villa the deceased's 2.2. Compare rei vindicatio with actio negatoria.
brothers submitted their claims, stating that they are agnates of the deceased and consequently, 2.3. Give the arguments for different degree of liability of the possessors of
legal heirs. Are the claims of the brothers of the deceased justified or not? Give your arguments good and bad faith in the case of belonging’s revendication (revendicarea
for the answer. lucrului).
Nota Punctaj maxim
Nota Punctaj maxim
5 6-8
5 6-8
6 9-11
6 9-11
7 12-18
7 12-18
8 19-25
Examinator 8 19-25
9 26-28 Examinator
Artur Tarlapan ____________ 9 26-28
10 29-30 Artur Tarlapan ____________
10 29-30
UNIVERSITATEA DE STAT DIN MOLDOVA
 UNIVERSITATEA DE STAT DIN MOLDOVA UNIVERSITATEA DE STAT DIN MOLDOVA
FACULTATEA DE DREPT FACULTATEA DE DREPT
DEPARTAMENTUL DREPT PRIVAT DEPARTAMENTUL DREPT PRIVAT

Aprob Aprob
Șef Departamentul Drept Privat Șef Departamentul Drept Privat
Sergiu Baieş___________________ Sergiu Baieş___________________

Examen la Dreptul Privat Roman Examen la Dreptul Privat Roman

Ciclul I, Licență, Anul I, Specialitatea Drept Ciclul I, Licență, Anul I, Specialitatea Drept

TEST no. 9 TEST no. 10

1. Legal condition of slaves.
1.1. Characterize the sources of slavery.
1.2. Compare the legal status of slaves with that of freedmen.
1.3. Solve the case: Marcus gave his slave Tiro an agricultural land and 10 other working
slaves for administration as peculium, the value of which was estimated as the sum of 1,000
sesterces. To ensure the efficient handling of the land, Tiro has borrowed from Titus a sum of
money to purchase a new agricultural inventory. The cultivation of the land turned out to be
unprofitable, wasteful, which is why the loan could not be repaid, and the amount of debt
interest resulted into 1,200 sesterces. Can Titus ask Marcus to pay off his debt? How will the
Praetor settle the case? Give your arguments for the answer.
2. The pledge - real right over someone else’s belongings.
2.1. Characterize fiducia as a form of a pledge (gaj).
2.2. Compare hypotheca with pignus as the forms of pledge.
2.3. Provide arguments regarding the advantages of the mortgage
(hypothec) over the other forms of a pledge in Roman private law.
1. Legal status of freedmen.
1.1. Describe the obligations of the freedman to the patron.
1.2. Compare solemn forms of becoming a freedman with non-solemn ones.
1.3. Give your arguments regarding the importance and effects of principle of
reinstating back to slavery for the lack of respect.
2. Servituţile personale.
2.1. Define the term "right of servitude" and list the categories of servitudes.
2.2. Compare the usufruct with other types of personal servitudes.
2.3. Solve the case: Tițiu through his will has left to a testamentary successor
a task to grant his friend, whose name is Luțiu, the possibility to use the
grapevine for his whole life, the one that once belonged to him (Tițiu). The
successors have refused to comply with the provisions of the will. Luțiu has
addressed to the magistrate for protection. How will the magistrate proceed?
Give your arguments for the answer.

Nota Punctaj maxim

5 6-8 Nota Punctaj maxim
6 9-11 5 6-8
7 12-18 6 9-11
8 19-25 7 12-18
9 26-28 Examinator
8 19-25
10 29-30 Artur Tarlapan ____________ 9 26-28 Examinator
10 29-30 Artur Tarlapan ____________
 UNIVERSITATEA DE STAT DIN MOLDOVA UNIVERSITATEA DE STAT DIN MOLDOVA
FACULTATEA DE DREPT FACULTATEA DE DREPT
DEPARTAMENTUL DREPT PRIVAT DEPARTAMENTUL DREPT PRIVAT

Aprob Aprob
Șef Departamentul Drept Privat Șef Departamentul Drept Privat
Sergiu Baieş___________________ Sergiu Baieş___________________

Examen la Dreptul Privat Roman Examen la Dreptul Privat Roman

Ciclul I, Licență, Anul I, Specialitatea Drept Ciclul I, Licență, Anul I, Specialitatea Drept

TEST no. 11 TEST no. 12

1. The Roman family. 1. The marriage in Roman private law.

1.1. List the characteristic features of the Roman family.
1.2. Compare the agnatic kinship with cognatic kinship.
1.3. Give the arguments regarding the evolution of relations between pater
familias and his children at different historical periods of development of the
Roman private law.
2. The legal succession.
2.1. Charaterize the legal succession.
2.2. Compare the classes of legal heirs in the systems of the ius civile, ius praetorium
and the Justinian's legislation.
2.3. Solve the case: After the death of a Roman citizen, who did not leave a will (has
died "intestate"), a relative on the collateral line of the third degree has laid a claim
regarding the succession (inheritance) and the emancipated son of the deceased. In
favor of whom will the Praetor issue the decision? Give your arguments for the
answer.
1.1. Characterize the substantive conditions of the marriage conclusion.
1.2. Compare parimonial and non-patrimonial relationships between spouses
within marriage cum manu and sine manu.
1.3. Give your arguments regarding the change in the legal regime of dos
(dowry) in different epochs of the evolution of Roman private law.
2. The performance of obligations. The liability for non-
performance of obligations by the debtor.
2.1. List the conditions for the proper performance of obligations.
2.2. Compare culpa and dolus as the forms of culpability (guilt) at non-
performance of the obligations.
2.3. Give the arguments regarding the role and effects of personal and real
guarantees of performance of obligations.

Nota Punctaj maxim

Nota Punctaj maxim
5 6-8
5 6-8
6 9-11
6 9-11
7 12-18
7 12-18
8 19-25
8 19-25 Examinator
9 26-28 Examinator 9 26-28
Artur Tarlapan ____________ 10 29-30 Artur Tarlapan ____________
10 29-30