A Casebook on the Roman Law of Contracts

2021 ◽  
Author(s):  
Bruce W. Frier
Keyword(s):  
Roman Law ◽  
Private Law ◽  
Legal Thinking ◽  
The Law ◽  
Unjustified Enrichment ◽  
Digest Of Justinian

This Casebook explores the writings of Roman lawyers on the law of contracts, a rich and hugely influential area of Roman private law. The 235 “Cases” are actual texts deriving, for the most part, from the Digest of Justinian (535 ce), but written hundreds of years earlier during the Classical era of Roman law. These Cases give a fairly complete view of the concepts and methods used to create rules and judge contract cases in Roman courts. The Casebook concentrates especially on two central Roman contracts, stipulation and sale; but all other contracts and contract-related issues are discussed, as well as Roman legal thinking on unjustified enrichment.

Quintilian and the Law

2021 ◽  
pp. 258-277
Author(s):  
Olga Tellegen-Couperus
Keyword(s):  
Criminal Law ◽  
Roman Law ◽  
Private Law ◽  
Legal Procedure ◽  
Legal Expert ◽  
The Law ◽  
Law Of Succession ◽  
The Relationship

How did Quintilian regard the relationship between rhetoric and law? It is only in the last book of his Institutio oratoria that Quintilian deals with this question. In 12.3 he states that the well-educated orator must have a broad knowledge of the law so that he will not be dependent on information from a legal expert. In the course of the book, Quintilian shows that he himself was well acquainted with Roman law for he often explains rhetorical technique by giving legal examples, and these examples deal with a wide variety of topics and refer to a wide variety of sources. The topics include criminal law and private law, particularly the law of succession, and legal procedure. The sources range from speeches by Cicero to fictitious laws and cases. Quintilian regarded rhetoric as superior to law but he will have agreed with Cicero that rhetoric and law were partners in dignity.

Historic analogs of civil confiscation of unexplained wealth – the case of Bulgaria

2020 ◽  
Vol 27 (2) ◽  
pp. 561-571
Author(s):  
Todor Kolarov
Keyword(s):  
Theoretical Basis ◽  
Design Methodology ◽  
Roman Law ◽  
Private Law ◽  
Public And Private ◽  
Content Type ◽  
Civil Proceedings ◽  
Unjustified Enrichment ◽  
The Right

Purpose Using Bulgarian legislation on civil confiscation and analysing the nature of the substantive authority to confiscate unexplained wealth, as well as evaluating research in common and continental law, this paper aims to seek historic parallels for non-punitive civil confiscation of unexplained wealth. Design/methodology/approach The design of this paper is centred on determining whether the substantive authority of the state to confiscate unexplained wealth has a Roman law equivalent. Conducting a review of key elements of the substantive authority for the action in Bulgaria, the research examines the validity of the hypothesis that the right to confiscate has a Roman law equivalent. Findings The research supports the position that the substantive authority to seek civil confiscation relief in Bulgaria has its origin in the overarching principle of unjustified enrichment in Roman law. Considering needed adjustments related to the developed demarcation between public and private law in contemporary law, the action to confiscate unexplained wealth in civil proceedings in the case study jurisdiction has its equivalent in the Roman condictio furtiva. Originality/value This paper sheds light on the theoretical basis for civil asset confiscation of unexplained wealth in one continental law jurisdiction, thus contributing to the on-going debate on the compatibility of civil confiscation of unexplained wealth with the continental law tradition.

9. Obligations: Common Principles and Obligations Arising from Contracts

2020 ◽  
pp. 253-320
Author(s):  
Paul J. du Plessis
Keyword(s):  
The Other ◽  
Roman Law ◽  
Private Law ◽  
The Law

This chapter discusses the Roman law of obligations. The ‘obligation’, as a seminal part of Roman (and indeed modern) private law, is a legal tie created between individuals on account of voluntary interactions (such as contracts) or involuntary interactions (such as delicts). It begins with a general discussion of the nature and classification of obligations. This is an important aspect of the discussion as it links this particular branch of private law to other areas of Roman private law. It then covers the general features of Roman contracts; consensual contracts; verbal contracts; contracts re; contracts litteris; innominate contracts; pacts; and the quasi-contract. The next chapter is devoted to the other source of obligations, namely delicts and quasi-delicts. These two sources of obligations, namely contract and delict, form the substance of the law of obligations.

scholarly journals A zálogjog és a hitelbiztosítéki nyilvántartás

2016 ◽  
Vol 13 (1-2) ◽  
pp. 15-26
Author(s):  
Fanni Ferenczi
Keyword(s):  
Civil Code ◽  
Roman Law ◽  
Private Law ◽  
Credit Guarantee ◽  
The Law ◽  
The Republic

Analyzing th esystem of mortgage we must reach back to the Roman Law. At that era it had been possible to pledge liabilities, rights and moreover aggregated asset, property. Mortgage is a long term institute of Hungarian Private Law as well. Paragraphs 251 – 269 of Act IV of 1959 on the Civil Code of the Republic of Hungary regulates mortgage in the Law of Obligations, placed among collaterals. In the last two decades the old Civil Code of the Republic of Hungary has been modified twice. Act V of 2013on the Civil Code of the Republic of Hungary weakens but definitely rewritten the principles of lending. Regulation of mortgage and the system of chattel mortgage registry has significantly changed. Several novelty has been introduced therefore the system of chattel mortgage registry was reformed too. Detailed regulations of credit guarantee registry in Act CCXXI of 2013 and Act 18/2014. (III. 13.) KIM has also been accepted correspondingly to the previous changes.

scholarly journals Detention of Private Persons by Private Persons as a Delictual Wrong: Liability for Deprivation of Liberty in Scots Private Law

2021 ◽  
Vol 1 (1) ◽  
pp. 41-55
Author(s):  
Jonathan Brown
Keyword(s):  
Human Trafficking ◽  
Roman Law ◽  
Private Law ◽  
Medical Jurisprudence ◽  
Present Essay ◽  
The Law ◽  
The University

Jonathan Brown is a lecturer in Scots Private Law at the University of Strathclyde in Glasgow. Previously he was a lecturer in law at Aberdeen’s Robert Gordon University. Jonathan considers himself to be a private law generalist and dabbling legal historian. His recent publications include work on medical jurisprudence, the law of defamation and the relation between the Roman law of slavery and modern Scottish human trafficking legislation. The present essay is intended to provide a modern account which places acts amounting to wrongful detention effected by private persons within the taxonomy of iniuria.

Introduction

2020 ◽  
Vol 40 (2) ◽  
pp. 257-265
Author(s):  
Jeremy J. Kingsley
Keyword(s):  
Legal Status ◽  
Special Section ◽  
Private Law ◽  
Historical Perspectives ◽  
Contemporary Status ◽  
Legal Thinking ◽  
The Law ◽  
Lex Mercatoria ◽  
Political Economic

Abstract Lex mercatoria (the law of merchants) has a mythical legal status, which, whether true or not, influences legal thinking to this day. It harks back to a time of Venetian traders and a complex amalgam of European principalities that, it was believed, required merchants to establish their own private “law”’ to facilitate commerce that applied within and beyond borders. In recent years, legal scholars and practitioners are reimagining lex mercatoria in order to facilitate globalization. This special section will consider how these discussions and activities are transforming the nature of the “translocal” (places where the global is made local). We want to understand how these political, economic, social, and technological transformations have affected and continue to affect traders, corporations, and lawyers engaged in transnational, and transsystemic, legal interactions. The special section will examine these issues primarily from historical perspectives, but this essay will also interrogate the contemporary status and reimagined notion of this idea.

Inheritance

2016 ◽  
Author(s):  
Eva Jakab
Keyword(s):  
Roman Law ◽  
Legal Interpretation ◽  
Legal Standing ◽  
Literary Sources ◽  
Legal Thinking ◽  
The Law ◽  
To Come ◽  
Famous Trials ◽  
Epigraphic Evidence ◽  
Law Of Succession

This chapter surveys some of the most important aspects of the law of both testate and intestate inheritance in the period under discussion. It argues that the Roman law of succession can only really be understood within the context of Roman society, the networks of association and kinship and the complex social bonds that operated within the more privileged classes for whom inheritance was an important aspect of their social legacy and the legal standing of their family in generations to come. Ancient literary sources, reports of famous trials, sophisticated argumentations in the works of the jurists and epigraphic evidence enable different approaches to a better understanding of legal thinking and legal interpretation. Since succession was forbidden between Romans and peregrines, the law of inheritance was a special Roman matter, an important part of identity and a tool of integration.

scholarly journals Zahtev za povraćaj ulaganja zbog prestanka ugovora o kupoprodaji, najmu i građenju

2021 ◽  
Vol 69 (1) ◽  
pp. 171-191
Author(s):  
Karmem Lutman
Keyword(s):  
Contract Law ◽  
Comparative Perspective ◽  
Property Law ◽  
Private Law ◽  
Construction Contracts ◽  
Economic Decisions ◽  
The Law ◽  
Unjustified Enrichment

Rules on restitution for improvements made to someone else’s property can be found in various branches of Slovenian private law, such as the law of unjustified enrichment, negotiorum gestio, contract law and property law. Even though to some extent these rules deal with very similar situations, they differ in various aspects. While some of them are more favourable to the creditors in getting as much of their investment back as possible, others are more inclined toward protecting the debtor against forced financing of another’s economic decisions. This paper discusses some open dilemmas concerning restitution of improvements made to someone else’s property in Slovenian contract law. More precisely, it deals with restitutionary consequences of failed sales, lease and construction contracts and approaches this topic from a comparative perspective.

scholarly journals PROBLEM „PONADCZASOWOŚCI” ZASAD PRAWA RZYMSKIEGO. UWAGI W DYSKUSJI O „NOWEJ EUROPEJSKIEJ KULTURZE PRAWNEJ”

2017 ◽  
Vol 5 (2) ◽  
pp. 7
Author(s):  
Wojciech Dajczak
Keyword(s):  
Legal Culture ◽  
Roman Law ◽  
Private Law ◽  
The Law ◽  
Law Making

The Issue of „ Timeless” Nature of the Rules of the Roman Law. Remarks in the Discussion on „the New European Legal Culture”SummaryWith in the scope of a discussion on the new European private law opinions regarding the need for a realist revolution are formulated, which would aim at conquering its formal systematics and dogmatic character. From this perspective the references to Roman law are criticised in relations to establishing an extranational private law. They are called neo-pandectism and qualified as dogmatic trends in the European private law.Referring to that discussion I ask in the article whether the realistic thinking about law allows to ignore the durable rules originating from the Roman law. While presenting the characteristics of the realism of the Roman jurists above all I indicated the conviction of the existence of rules that were primary to law, which should be taken into account in the lawyers’ evaluations.I voiced an opinion that seeing the durability of some of the Roman rationes decidendi there is no point in discussing the references to the Roman tradition in the context of the dispute between the realism and formalism but as an element of a dispute regarding the issue what the realistic thinking about law is.On the basis of the used sources I formulated a conclusion that the realistic thinking about law does not allow to ignore the reflection on the durability of the rules originating from the Roman law when we assume that the basis of the reasonable actions of the law-making bodies as well as the bodies which apply the law should be requirements of practical reasonableness, which have a primary nature to law

scholarly journals Zimmermann, Reinhard, Recht und Religion in der europäischen Rechtstradition II: Römisches Recht und Römische Kirche: Ein rechtshistorischer Streifzug

2019 ◽  
Vol 105 (1) ◽  
pp. 159-179
Author(s):  
Reinhard Zimmermann
Keyword(s):  
Legal History ◽  
Roman Law ◽  
Private Law ◽  
Christian Church ◽  
The Law ◽  
Law Of Succession ◽  
Public Lecture

Abstract Roman Law and Roman Church. A Foray in the Field of Legal History. This is the slightly amended text of a public lecture delivered at the invitation of the organizers of the 42nd German Legal History Conference in September 2018 in Trier. After briefly sketching the enormous range of the discipline of legal history, the lecture focuses on the law of contract and the law of succession; and it seeks to demonstrate the importance of Rome on the development of European private law: both the Rome of pagan antiquity and of the Christian Church.

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