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.

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.

Legal Implication of Ownership in Common in Roman Private Law and Its Reception by European Jurisdictions

2019 ◽  
Vol 10 (7) ◽  
pp. 2138
Author(s):  
Timur T. UTEUBAYEV ◽  
Antonina S. KIZDARBEKOVA
Keyword(s):  
European Countries ◽  
Roman Law ◽  
Classical Period ◽  
Scientific Article ◽  
Private Law ◽  
Ancient Rome ◽  
Legal Regulations ◽  
Legal Implication ◽  
The Way

The scientific article deals with the formation of the structure of ownership in common in Roman private law and its further reception by European jurisdictions. It explores the way the imperfect regulations that treated ownership in common as an inevitable exception in the pre-classical period of Roman law evolved into an entirely different approach in its classical period, whereby the key principles of the legal regulations on ownership in common were eventually implemented by the jurisdictions of most European countries. The wide recognition of the norms of Roman private law, which included regulations on ownership in common, affirms the universal character of the structures regulations and structures, which were developed in ancient Rome. These features are also applicable to the concept of ownership in common developed in Roman law.  

Bijnkershoek as author and elegant jurist

2011 ◽  
Vol 79 (2) ◽  
pp. 229-252 ◽  
Author(s):  
Boudewijn Sirks
Keyword(s):  
International Law ◽  
Textual Criticism ◽  
Historical Research ◽  
Roman Law ◽  
Private Law ◽  
Legal Problems

AbstractBijnkershoek wrote next to his three works on international law a series of books on Roman law and on the private law of Holland and Zeeland. Those on Roman Law deal with various aspects, mostly with textual criticism of the Corpus juris, while a part consists of essays on specific subjects. The book on private law combines analyses of certain legal problems with jurisprudence of courts. Are all these texts obsolete by now? A modest exploration of these essays suggests that is not the case as far as textual criticism is concerned; at least some of the essays in Roman law are still actual for present-day research. The essays on private law are of course of value for historical research.

The Unique Character of Classical Roman Law

1944 ◽  
Vol 34 (1-2) ◽  
pp. 60-64
Author(s):  
F. Pringsheim
Keyword(s):  
Turning Points ◽  
Roman Law ◽  
Classical Period ◽  
Private Law ◽  
Unique Character ◽  
New Research

The unique character of Roman law has been treated for centuries; hymns enough have been sung. My purpose is different: I restrict the problem to Roman classical law and therefore have intentionally added this adjective to the title. Roman private law—and I have only private law to consider here—is not the same throughout the thousand years of its history. Modern research distinguishes in the legislation of Justinian what belongs to the Byzantine epoch from what is genuinely classical. Secondly, we now know more about pre-classical law so that we are better able to contrast classical with archaic law. A third reason for a revision of our view is the developed study of the oriental, the cuneiform, law, and some new research in Greek law. Owing to this threefold progress we can try to sketch the unique character of Roman classical law in comparison with other laws. I discern three periods of Roman law: archaic (or pre-classical) up to 150 B.C., classical from 150 B.C. to A.D. 300, Byzantine (or post-classical) from A.D. 300 to 565. These are the usual periods, except that I carry back the classical period to 150 B.C. I know that there are transitions; but if we take the years 150 B.C. and A.D. 300, we shall roughly mark the turning points and have before us three distinct periods of Roman law.

scholarly journals The Key Strategies to Implement Circular Economy in Building Projects—A Case Study of Taiwan

2021 ◽  
Vol 13 (2) ◽  
pp. 754
Author(s):  
H.-Ping Tserng ◽  
Cheng-Mo Chou ◽  
Yun-Tsui Chang
Keyword(s):  
Case Studies ◽  
Circular Economy ◽  
Building Industry ◽  
Structured Interviews ◽  
Pilot Projects ◽  
Building Projects ◽  
The World ◽  
Project Phases ◽  
Future Project

The building industry is blamed for consuming enormous natural resources and creating massive solid waste worldwide. In response to this, the concept of circular economy (CE) has gained much attention in the sector in recent years. Many pilot building projects that implemented CE concepts started to appear around the world, including Taiwan. However, compared with the pilot projects in the Netherlands, which are regarded as the pioneer ones by international society, many CE-related practices are not implemented in pilot cases in Taiwan. To assist future project stakeholders to recognize what the key CE-related practices are and how they could be implemented in their building projects in Taiwan, this study has conducted a series of case studies of Dutch and Taiwanese pilot projects and semi-structured interviews with key project stakeholders of Taiwanese pilot projects. Thirty key CE-related practices are identified via case studies, along with their related 5R principles (Rethink, Reduce, Reuse, Repair, Recycle) and project phases. Suggestion on CE-related practices, their 5R principles, project items, and phases to implement in building projects in Taiwan is also proposed while discussion on differences between two countries’ pilot projects is presented.

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.

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.

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 Gabór Hamza, Origine e sviluppo degli ordinamenti giusprivatistici moderni in base alla tradizione del diritto romano (Santiago de Compostela: Andavira Editora, 2013)

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Ádám Boóc
Keyword(s):  
Hungarian Academy ◽  
Roman Law ◽  
Full Professor ◽  
Private Law ◽  
Santiago De Compostela ◽  
Italian Language ◽  
Language Studies ◽  
Law Faculty ◽  
Ordinary Member ◽  
Academy Of Sciences

The new opus of Gábor Hamza, ordinary Member of the Hungarian Academy of Sciences and Full Professor of Roman Law (Faculty of Law of the Eötvös Loránd University [Budapest]), which was published in the fall of 2013 in Italian language, studies the formation and development of modern private law systems based on the tradition of Roman Law.

scholarly journals Categories of reasonableness and good faith in private law regulation

2021 ◽  
Vol 7 (3A) ◽  
pp. 60-66
Author(s):  
Natalya I. Besedkina ◽  
Vasily V. Gushchin ◽  
Taimuraz E. Kallagov ◽  
Tatiana V. Larina ◽  
Zlata V. Makarchuk
Keyword(s):  
Financial Markets ◽  
Good Faith ◽  
Private Law ◽  
Structural Concrete ◽  
Scientific Methods ◽  
Methodological Basis ◽  
Legal Nature ◽  
Two Factors ◽  
General Scientific ◽  
Law Regulation

The purpose of the article is to study the legal nature and essence of the categories of reasonableness and good faith in the field of private law regulation in the legislation of modern Russia. The methodological basis of the research was the general scientific dialectical method of cognition and the private scientific methods that follow from it: system-structural, concrete-sociological, technical-legal, historical-legal, and comparative legal methods. Their application allowed the authors of the article to study the objects under consideration in their interrelation, integrity, comprehensively and objectively. The article concludes that good faith is essential in filling the gaps in the legislation. It is not always possible to establish a single rule, to approve a norm that excludes unfair conduct. The gaps are not only due to legislative errors. Two factors have an important impact: the diversity of relations and their constant development in different areas (for example, e-commerce, financial markets).

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