The College hosted Professor Stefano Pocelli from the Faculty of Law at the University of Brescia, Italy, for an academic lecture on the Birth of the Concept of Contract both on Haidian Campus and online on the morning of 23 September.
The lecture was chaired by Dr. Xu Jianbo from the College, with commentary provided by A/Prof. Cheng Ke from the Faculty of Law of School of Cultural Industry Management of Communication University of China, Dr. Lei Zhenwen from the School of Law of Beihang University and Dr. Li Chang from CUPL’s School of Civil, Commercial and Economic Law.
Professor Pocelli began by tracing the origins of the contract concept through the Digest of Roman Law. He explained that in early Roman legal practice, formalism played a central role in contract formation. However, as Roman society and its economy evolved, such rigid formal requirements became increasingly impractical. This shift led to the growing emphasis on mutual consent, and some Roman jurists began to define contracts based on the dual elements of ‘consensus’ and ‘reciprocal obligations’. He then briefly reviewed the contributions of various legal schools to the development of contract theory, including the Bologna School, the Humanist tradition, and the Textualist tradition.
In the discussion session, Cheng examined why formalism held such importance in early Roman contracts, stressing the value of historical institutions in understanding modern law. Lei highlighted the need to combine technical and historical approaches in legal research. Drawing on his own experience serving in a commercial tribunal, he noted that in certain circumstances, formal elements of contracts continue to serve an important role in protecting the interests of the parties involved. Li, referencing Chinese provisions on contractual guarantees, further elaborated on the rationale behind the Roman emphasis on form in contract law.
In her closing remarks, Xu expressed her sincere gratitude to Prof. Pocelli, the discussants, and all participants. She also expressed hope for further academic exchanges with Prof. Pocelli at CUPL in the future. The lecture concluded in a warm and engaging atmosphere, marking another successful session in the ‘Sino-Italian Legal Forum’ lecture series.
