At the invitation of the College, famous Italian law professor & Director of the Center for Eurasian Studies of University of Rome "Tor Vergata" Professor Riccardo Cardilli delivered a lecture on the Obligation between Freedom and Equality to the students on Haidian Campus on the evening of 22 Sept, 2024.
The lecture was held online and on-site. Prof. Fei Anling from the College moderated the lecture. Prof. Liu Jiaan from the Civil, Commercial and Economic Law School of CUPL and A/Prof. Hu Junhong from the Law School of Beijing Normal University were the commentators.
In the lecture, Cardilli discussed the concept of ‘debt’ in-depth and pointed out that the definition of ‘debt’ in Roman law was different from that in modern law. He stated that, in contrast to the pluralistic nature of Roman law, the focus of modern law on a single principle of liberty and its emphasis on the debtor's right to specific payments to creditors had led to an unequal legal structure. Cardilli then took a closer look at the relationship between debt and freedom in modern law, comparing Savigny's and Hugo Grotius's theories, and highlighting the four key words of debt: individual, property, will, and inequality. He also discussed the impact of Roman family structure on debt, pointing out that the Roman concept of ‘debt’ was based on solidarity and credibility. Finally, in the context of the current pervasive debt problem, Cardilli called for a reinstatement of the community perspective, emphasising that debt not only affects both debtors but also social stability and sustainability. In his view, the equality of debt should be guaranteed while at the same time taking into account freedom.
During the discussion, Fei gave an in-depth explanation of ‘obbligatio’ in the original text of Roman law, pointed out the selectivity and constructiveness of translation, and emphasised the importance of protecting the debtor's rights. Liu said that Professor Cardilli's lecture has practical implications and emphasised the equal status of legal subjects in Roman law. Hu discussed the new consumer protection regulations, emphasising the sense of spontaneous responsibility and common governance brought by the equality of debt entities.
At the end of the lecture, Fei again thanked Professor Cardilli, the panelists and all the teachers and students present, and expressed her hope to have more academic exchanges with him in the future.