scholarly journals Mandatum incertum w klasycznym prawie rzymskim

1994 ◽  
Vol 37 (1-2) ◽  
pp. 223-248
Author(s):  
Franciszek Longchamps de Bérier
Keyword(s):  
Strong Evidence ◽  
Roman Law ◽  
Classical Period ◽  
Main Question ◽  
Byzantine Era

Mandatum incertum occurs when the terms of this consensual contract are left imprecise by the mandator. The article focuses on the essential determination of the object for the validity of the mandate, therefore the main question is whether mandatum incertum was not unknown to the classical jurists, as there is no doubt it was not void in the Byzantine era. The problem was broadly discussed by several authors, i.e., V. Arangino-Ruiz, G. Donatuti, G. Longo, A. Watson and N. Scapini, though no general agreement among modem jurists was achieved. It seems that terms of mandate are not the same as fines mandati. Fines mandati are not only the intrinsic restrictions given by the mandator, but the purpose to be achived as well. Yes, this purpose could be express or implied, then egressio mandati takes place only when the express boundaries are transgressed. The thorough analysis of relevant classical sources in the full context of the institution allows to state that there is no reason to allege that mandatum incertum was considered invalid in the classical period of Roman law. The strong evidence has been shown that classical jurists recognized mandates with terms left to the discretion of the mandatary. However, the mandatary should execute a commission in favour of the mandator’s interesse and this conduct is estimated according to the boni viri arbitratus.

scholarly journals Non Liquet: From Modern Law to Roman Law

1974 ◽  
Vol 9 (1) ◽  
pp. 63-84 ◽  
Author(s):  
Alfredo Mordechai Rabello
Keyword(s):  
French Revolution ◽  
Separation Of Powers ◽  
Evolutionary Process ◽  
Roman Law ◽  
Main Question ◽  
Legal Systems ◽  
Insufficient Evidence ◽  
The Law ◽  
Code Civil

1.May a Judge Refuse to Pronounce Judgment?: In modern legal systems, the judge cannot as a rule evade his basic duty, that of adjudicating. He has the option of either allowing or of rejecting the plaintiff's claims. Under the rules of criminal procedure adopted by several countries, he may acquit for insufficient evidence. But he cannot be released from exercising his function as a judge, claiming either that the facts of the case are not sufficiently clear to him (factual doubt), or that the norm to be applied in the specific case cannot be determined (judicial doubt), or even that there exists no fixed norm for the determination of the case (lacunain the law).Thus theCode Civil des Français(orCode Napoléon) lays down explicitly: “A judge who refuses to decide a case, on the pretext that the law is silent, obscure or insufficient, may be prosecuted as being guilty of denial of justice”. This article is the outcome of a long evolutionary process. Prior to the French Revolution, before the separation of powers, the main question was not that oflacunaebut rather that of the directions given to the judge in order to help him carry out his functions.

Roman Law

2018 ◽  
Author(s):  
Clifford Ando
Keyword(s):  
International Law ◽  
Late Antiquity ◽  
Legal History ◽  
Public Law ◽  
Roman Law ◽  
Classical Period ◽  
National Context ◽  
Historical Factors ◽  
Medieval Europe ◽  
Contemporary Study

Roman law has been a system of practice and field of academic study for some 2,400 years. Today, the field enjoys unprecedented diversity in terms of linguistic, disciplinary, and national context. However, the contours of contemporary study are the product of complex and imbricated historical factors: the non-codification by the Romans of the classical period of their own public law; solutions taken in the classical period and later to resolve conflicts among sources of law of very different antiquity; the codification in late antiquity of academic jurisprudence regarding private law; the on-going prestige of Roman civil law in medieval and late medieval Europe, which made it a resource for analogical argumentation in both public and international law; and much else besides. This chapter evaluates the contribution made by some of these factors to Roman legal history as a contemporary endeavour, with an eye to its future.

1. Introduction: Rome—A Historical Sketch

2020 ◽  
pp. 1-24
Author(s):  
Paul J. du Plessis
Keyword(s):  
Eighth Century ◽  
Archaic Period ◽  
Sixth Century ◽  
Roman Law ◽  
Classical Period ◽  
Private Law ◽  
Roman Society ◽  
History Of ◽  
Historical Sketch

This chapter provides a historical sketch of Rome. It has been written to provide a contextual basis for the study of Roman private law. The history of Rome is traditionally divided into three main periods based on the dominant constitutional structure in Roman society during these three periods. These are the Monarchy (eighth century bc–510 bc), Republic (509–27 bc), and Empire (27 bc–ad 565). Scholars of Roman law tend to refine this division even further. Thus, to the scholar of Roman law, the period from the founding of Rome in the eighth century bc–c. 250 bc is regarded as the ‘archaic’ period of Roman law. The period thereafter, from c. 250 bc–27 bc, is generally described as the ‘pre-classical period’ of Roman law.For scholars of Roman law, the ‘classical’ period, c. first three centuries AD, and the Justinianic period, c. sixth century AD, are the most important, owing to the compilation of ‘classical’ Roman law by order the Byzantine Emperor, Justinian, in the sixth century.

scholarly journals Iniuria post mortem testatoris w prawie rzymskim okresu klasycznego w świetle koncepcji iniuria indirecta

Prawo ◽  
2016 ◽  
Vol 321 ◽  
pp. 11-28
Author(s):  
Dobromiła Nowicka
Keyword(s):  
Roman Law ◽  
Classical Period ◽  
Post Mortem ◽  
Funeral Rites ◽  
Specific Behaviour ◽  
Indirect Injury ◽  
Injured Party

Iniuria post mortem testatoris in Roman law of the classical period in the light of the concept of iniuria indirectaThe aim of the article is to analyse regulations concerning injury to personality associated with deeds committed directly against acorpse, funeral rites or atestator’s reputation. The author’s reflections focus on the classification of these infringements as indirect injury to the testator’s reputation as proposed in the doctrine. Apart from undeniable shared features of iniuria post mortem testatoris and other cases of iniuria indirecta, we can point to significant differences stemming primarily from alack of possibility — even if only potential — of direct iniuria if adeed is committed against a corpse or the testator’s reputation. This feature, in turn, seems to be present in all other cases classified as indirect iniuria. It should also be stressed that in the case of iniuria post mortem testatoris it is impossible to apply any of the criteria indicated as the basis for regarding specific behaviour as aslight to the reputation not only directly of the injured party but also other individuals whose reputation is injured only indirectly as aresult of the perpetrator’s actions.Iniuria post mortem testatoris nach römischem Recht der klassischen Periode im Hinblick auf das Konzept der iniuria indirectaIn dem Artikel wurden Textfragmente analysiert, die die Verletzung der Persönlichkeit aufgrund der Handlungen betreffen, die sich direkt gegen den Leichnam, die Trauerfeierlichkeiten oder den Ruf des Nachlassgebers richten. Die in der Doktrin vorgeschlagene Qualifikation, derartige Verletzungen für eine indirekte Verletzung des guten Rufs des Nachlassgebers zu halten, stellt den Kern der Überlegungen dar. Außer den gemeinsamen Merkmalen der iniuria post mortem testatoris und der anderen Fälle der iniuria indirecta, können weitgehende Unterschiede genannt werden, die sich vor allem daraus ergeben, dass es keine, auch eine potentielle Möglichkeit einer direkten iniuria in Bezug auf den Leichnam oder den guten Ruf des Nachlassgebers gibt. Und dieses Merkmal wiederum scheint in sämtlichen anderen Fällen aufzutreten, die als indirekte iniuria gelten. Hervorzuheben ist auch, dass kein der Kriterien, die als Grundlage gelten, ein bestimmtes Verhalten für ein den guten Ruf nicht nur des direkt Benachteiligten verletzendes zu erklären, aber auch einer anderen Person, deren Reputation infolge der Handlungen des Täters lediglich indirekt verletzt wird, im Falle einer iniuria post mortem testatoris Anwendung findet.

The Case of the Collapsing Watercourse: Builders' Responsibility for Damage in Classical Roman Law

1986 ◽  
Vol 4 (2) ◽  
pp. 423-437
Author(s):  
Susan Martin
Keyword(s):  
Roman Law ◽  
Building Industry ◽  
Classical Period ◽  
Private Law ◽  
Building Projects ◽  
Roman Economy ◽  
Legal Problems ◽  
Two Factors ◽  
Full Picture ◽  
High Degree

The jurists of the classical period of Roman private law (50 B.C.—250 A.D.) encountered a variety of legal problems arising from the activity of those employed in the city's building industry. This segment of the Roman economy was prosperous and busy. Yet, despite the Romans' zeal for construction, a detailed description of how building projects were organized has proved illusive. This is the result of two factors. First, the Romans, unlike the Greeks, tended not to preserve on stone details about the actual construction of their edifices. A second, more general cause is found in the nature of construction as an enterprise. Although building furnishes a basic need, the demand for it is episodic and unstable. Forces of labor and supplies of materials are procured in response to specific commissions. In addition, there are many possible ways in which these productive forces can be organized, and building is typically characterized by a high degree of diversity in regard to methods of organization. For these reasons, builders and building have not been particularly accessible topics for researchers. It is only in the juristic sources that we get a relatively full picture of the activities of builders at Rome.

6. Interests in Property

2020 ◽  
pp. 153-180
Author(s):  
Paul J. du Plessis
Keyword(s):  
Legal Order ◽  
Roman Law ◽  
Classical Period ◽  
Profound Impact ◽  
Legal Rules ◽  
Starting Point ◽  
The World ◽  
Ownership Rights ◽  
Legal Consequences

This chapter deals primarily with the various interests that could be acquired in property, particularly ownership, rights to servitudes, and possession. The Roman law of property is one of the lasting and important legacies of their legal order and has had a profound impact upon modern legal systems across the world. This chapter begins by considering the Roman classification of property. This was the intellectual starting point in the teaching manuals preserved from the classical period of Roman law. The purpose of this exercise in classification was to demonstrate that certain objects fell outside the sphere of private ownership. Apart from issues of classification, this chapter deals primarily with the various interests that could be acquired in property, particularly ownership, limited real rights over the property of others, such as rights to servitudes, and possession. It deals with the legal rules governing these institutions and their interrelationships. In theory, the interests in property may be divided into two broad categories, namely legal interests (ownership and limited real rights) and factual interests (possession). While such a division is useful, it should not be seen as absolute, since possession, though largely a question of fact, could also have certain legal consequences. But first the Roman classification of property must be considered.

Studies in the Vulcanization of Rubber. II—Vulcanization of Rubber with Nitro Compounds

1930 ◽  
Vol 3 (4) ◽  
pp. 639-650 ◽  
Author(s):  
John T. Blake
Keyword(s):  
Molecular Weight ◽  
Chemical Reaction ◽  
Strong Evidence ◽  
Nitro Compounds ◽  
Combined Nitrogen ◽  
Kjeldahl Method

Abstract The Kjeldahl method for nitrogen analysis can be adapted to the determination of combined nitrogen in rubber vulcanized with nitro compounds. The combination of nitro compounds with rubber has been followed in several cases. Strong evidence is given that the vulcanization is a chemical reaction. The density of rubber has been shown to change during vulcanization with dinitrobenzene. The change approximates the progress of the combination of the vulcanizing agent with rubber. The vulcanization of rubber with dinitrobenzene and trinitrobenzene is monomolecular. A theory of the mechanism of the vulcanization is advanced. The value of the stoichiometric method in estimating the molecular weight of rubber is discussed. Values of this constant are suggested by the data. Nitro compounds appear to be incapable of producing hard rubber. The amount of combined reagent is only a small fraction of that required for ebonite formation.

scholarly journals Legal Roots of Christian Anthropology

2021 ◽  
pp. 113-124
Author(s):  
A. V Halapsis
Keyword(s):  
Middle Eastern ◽  
Christian Theology ◽  
Roman Law ◽  
Body Of Christ ◽  
Main Question ◽  
Christian Anthropology ◽  
The Reformation ◽  
Apostolic Succession ◽  
Right To Communicate ◽  
The Right

Purpose of the article is to reconstruct the legal sources of Christian anthropology. Theoretical basis. The methodological basis of the article is the understanding of the fundamental foundations of Christian anthropology in the context of Roman legal understanding. Originality. From the point of view of the Christian religion, man is a dual being: his body is part of the material world, but his soul is not from this world, he is born directly from God. The transcendent origin of the soul gives it the right to communicate with God, but this right can be realized only with the help of the Church, which is seen as the "bride of the Lamb" and the mystical "body of Christ". Interpretations of the essence of church organization correlate with the principles of organization of the Roman community. The principle of universal priesthood correlates with the idea of "post-Tarquinian democracy", recognizing the people of Rome as the supreme bearer of the empire of Jupiter; catholicity – with the idea of the senate as a meeting of the most deserving leaders of the community; apostolic succession – with the institution of republican magistrates, who even though received their power from the community, but through "consultations with the gods" (auspices). In essence, Christian dogmatism is Roman law applied to the Middle Eastern religion; the Bible was interpreted as a legal document, and theologians acted as lawyers. Conclusions. In the ancient Churches (Catholic, Orthodox, Armenian, Coptic, etc.) the ideal of Roman law was realized as the right of impersonal law, standing outside and above the individual. The latter has no ontological value, it is a "servant of God", but the union of men into the mystical "body of Christ" makes the latter empowered to represent God on earth and to act on his behalf. The Renaissance paved the way for the Reformation, in which a powerful "Greek" ("philosophical") lobby declared itself. Despite the fact that many leaders of the Reformation had a personal dislike for philosophy, they were spontaneous philosophers, believing themselves entitled to interpret the will of God independently, regardless of the authority of the councils. They were strict rationalists who only changed the object of their reason: if the ancient Greeks tried to comprehend the world rationally, the Protestants set themselves the goal of rationally comprehending the Book. Ultimately, the main question of Christian theology is the question of man’s attitude to God, and the differences between the anthropological systems within Christianity are the options for answering this question.

scholarly journals Legal Consequences of the Prohibition on Widows’ Remarriage in Roman Law

2018 ◽  
Vol 18 (3) ◽  
pp. 151-177
Author(s):  
Piotr Niczyporuk ◽  
Piotr Kołodko
Keyword(s):  
Civil Law ◽  
Archaic Period ◽  
Roman Law ◽  
Classical Period ◽  
Legal Provisions ◽  
Religious Law ◽  
The Law ◽  
The Right ◽  
Legal Consequences

In the archaic period violations of the prohibition relating to mourning was regarded as a nefas and hence subject to penalisation under religious law. A widow guilty of an infringement was required to make an expiatory sacrifce known as a piaculum, viz. a bovis feta. This religious and customary practice underwent a series of transformations and eventually became a law (ius). In the pre-classical period the prohibition on the remarriage of widows in the period of mourning was perceived primarily as subject to penalties laid down by civil law. This was due to the question of the paternity of any offspring such a widow might bear in the tempus lugendi. The edictum perpetuum names the persons who were liable to infamy if they committed a breach of the prohibition on the remarriage of a widow within the period of mourning for her deceased husband. Such persons could neither engage in postulare pro aliis nor act as a procurator or cognitor. One of the consequences of a sentence of praetorian infamy was the convicted person’s forfeiture of the right to appoint his or her plenipotentiaries for legal proceedings.The classical period brought fundamental changes in the law on remarriage. Nonetheless, even though Augustus encouraged citizens to remarry, yet his legal provisions left widows a certain period of time following the loss of their husband in which they could refrain from remarrying. The reason behind this legal arrangement was not so much mourning as such; it was rather a question of Augustus wanting to show his respect for univirae (women who had been married only once). Augustus kept in force the provisions that gave a bad reputation to people who violated the prohibition of widows’ remarriage. The significance and effectiveness of these regulations made them a subject for jurists’ commentary, on account of the need to avoid situations where the paternity of children born to widows was uncertain. The prohibition on the remarriage of widows also shows that the creators of these regulations wanted marriage to be contracted primarily for the purpose of procreation, which would ensure the continuation of Roman families, especially as regards the perpetuation of their sacra, nomina, and pecunia.

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