scholarly journals WYBRANE ASPEKTY PRAWNE W ‘HISTORIA AUGUSTA’

2017 ◽  
Vol 16 (4) ◽  
pp. 37
Author(s):  
Ludomir Bogacz
Keyword(s):  
Roman Law ◽  
Private Law ◽  
Depth Analysis ◽  
Historia Augusta ◽  
The Law

Private Law in the ‘Augustan History’SummaryThe author of Historia Augusta (The Augustan History) had some knowledge of the law. He knew, for instance, that the emperor had to issue his consent for an act of adrogation to be valid, but failed to describe its procedure correctly. He knew that the lex Fufia Caninia limited manumission to a maximum of one hundred slaves, but he did not know that this law was applicable only to testamentary manumissions.The biographer displayed his knowledge but distorted and fabricated history. However, as his acquaintance with the law was limited and pertained to the law in force at a much later period, it was wrong on the particulars in force earlier. In-depth analysis of the Historia Augusta with reference to Roman law may be helpful in telling fact from fiction in this extraordinary work.

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.

D. 41,2,3,21: Titulierte Besitzarten, Erwerbsgründeund das unum genus possidendi

2013 ◽  
Vol 81 (3-4) ◽  
pp. 527-559
Author(s):  
Eric H. Pool
Keyword(s):  
Roman Law ◽  
Negative Effects ◽  
Distinctive Features ◽  
Depth Analysis ◽  
Different Types ◽  
The Law ◽  
The Many

D. 41,2,3,21 turns on the issue of how possessio is to be divided. Understanding its content presupposes making a distinction that was self-evident for the Roman jurist but has never been made by later scholars of Roman law. They do not distinguish the varying ‘causes’ of possession (pro emptore … pro suo) which mark different types of lawful possession, and the ‘causes’ of acquisition (causae adquirendi) which justify obtaining possesion as by an owner. Taking a legally valid sale as an example the distinctive features of (possessio) pro emptore in contrast to emptio are established as well as their relevance for procedural practice. In particular there are no less than six forms of action in the law of inheritance for which these features are relevant. Next, the many negative effects of failing to make this distinction are indicated. There follows an in depth analysis and interpretation of the main phrases in Paul’s text: (i) quod nostrum non est; (ii) causae ad­­quirendi, in particular iustae causae traditionis; (iii) unum genus possidendi; (iv) species infinitae.

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.

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.

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.

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.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

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