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

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.

2021 ◽  
pp. 258-277
Author(s):  
Olga Tellegen-Couperus

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.


Obiter ◽  
2021 ◽  
Vol 32 (1) ◽  
Author(s):  
Eltjo Schrage

The first contribution published in this edition is an abridged version of the inaugural lecture delivered by Professor Eltjo JH Schrage on 24 August 2009 in Port Elizabeth. The Faculty of Law is honoured that such an internationally esteemed jurist accepted the appointment as first Honorary Professor of the Faculty of Law in 2009. Prof Eltjo JH Schrage was born in Groningen. He studied law at the University of Groningen, where he obtained his doctorandus, a degree which is analogous to our master’s degree. In 1975 he defended his doctoral thesis entitled Libertas est facultas naturalis. Menselijke vrijheid in een tekst van de Romeinse jurist Florentinus (Human liberty in a text of the Roman jurist Florentinus). His academic career commenced in 1969 at the Free University, Amsterdam. In 1980 he was appointed as professor at the Free University in Roman Law and Legal History. In 1998 he became the director of the Paul Scholten Institute at the University of Amsterdam. Some of his other academic appointments include the following:• Chairperson: International Study Group on the Comparative Legal History of the Law of Restitution;• Chairperson: International Study Group on the Comparative Legal History of the Law of Torts;• Visiting Professor: University of Cape Town;• Visiting Fellow: Magdalen College, Oxford University as well as visiting professor at Oxford;• Visiting Professor: University of the North (now Limpopo) in Polokwane; and• Visiting Fellow: Trinity College, Cambridge University as well as visiting professor, Cambridge. Prof Schrage has published extensively in International journals in Dutch, English, German French, and Italian. He has edited, written and contributed to more than 30 books, and written more than 100 articles. He has been the supervisor of numerous doctoral students, including Prof Marita Carnelley of the University of KwaZulu-Natal and erstwhile member of the Faculty of Law, Nelson Mandela Metropolitan University and Prof André Mukheibir, Head of Department, Private Law of the Nelson Mandela Metropolitan University. He was also the promoter of the honorary doctorate awarded by the University of Amsterdam to the former chief justice of South Africa, Arthur Chaskalson in 2002. Prof Schrage has also acted as judge in the Amsterdam court since 1981. Prof Schrage is married to Anneke Buitenbos-Schrage and the couple have four children and one grandchild.


Author(s):  
Paul J. du Plessis
Keyword(s):  

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.


2016 ◽  
Vol 13 (1-2) ◽  
pp. 15-26
Author(s):  
Fanni Ferenczi

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.


Author(s):  
Bruce W. Frier

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.


2015 ◽  
Vol 10 (1) ◽  
Author(s):  
Gábor Hamza

The recently published book of Dr. Iván Siklósi, PhD, assistant professor of the Faculty of Law of the University “Eötvös Loránd”, is a precious contribution to the disputed dogmatical and terminological questions of inexistence, invalidity, and ineffectiveness of juridical acts (in this regard the terms “act in law”, “act in the law”, “juristic act”, “legal act”, and “legal transaction” are also used in English terminology) – in German: Rechtsgeschäft – in Roman law and in modern legal systems.


2017 ◽  
Vol 5 (2) ◽  
pp. 7
Author(s):  
Wojciech Dajczak

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


2021 ◽  
Vol 30 (2) ◽  
pp. 447
Author(s):  
Tomasz Tulejski

<p>Polish research on Roman law is traditionally concerned first of all on the private law and its reception in European legal systems. However, very few publications deal with the role Roman law played on the British Isles. One of the important exceptions is Łukasz Jan Korporowicz’s research from the University of Lodz. This article analyzes his last book entitled <em>Prawo rzymskie w Anglii w XVIII wieku. Nauczanie, studia, nauka</em>. It describes the system of teaching Roman law in England in the 18<sup>th</sup> century and the role that graduates of Roman studies at Oxbridge played in English society at the time. First of all, the pioneering nature of reviewed work was indicated, as a similar one has not yet been published not only in Poland, but also in the world. By analyzing the subsequent parts of the book, their critical analysis was made and its strong and weaker elements were indicated. The conclusions indicate a very high scientific level of the reviewed book.</p>


Sign in / Sign up

Export Citation Format

Share Document