scholarly journals Perspective asupra evoluției garanției pentru evicțiune în dreptul roman

2021 ◽  
Vol 65 (4) ◽  
pp. 327-365
Author(s):  
Juanita Goicovici ◽  
Keyword(s):  
Roman Law ◽  
The Third ◽  
Judicial Assistance

The vendor’s warranty against eviction is often seen as a corollary of the vendor’s obligation to transfer the durable, satisfactory and tangible possession on the sold goods; however, its evolution under the Roman Law, as well as its conceptual roots deserve a detailed approach. The study examines the auctoritas subsequent to the completion of a mancipatio, which had been designating, instead of the material and concrete act of judicial assistance in a court of law, the obligation to provide for this assistance and later the transferring of property act generating this type of obligation, while keeping in mind that, at the origins of the conception on the auctoritas one can find the vendor’s duty to assist the buyer in court when confronted with the third party’s attempt of eviction. The analysis also encompasses the progressive extension of the stipulatio duplae, in the perimeter of the transfer of rei mancipi sine mancipio, as well as in the case of the rei nec mancipi transferring. One may observe the manner in which the features of the auctoritas procedure are contoured as depicting the characteristics of a tort action or, more specifically, of an action of a mixt judicial nature valorising the plaintiff’s rights consequential to the eviction.

scholarly journals KILKA UWAG O BADANIACH NAD ROMANIZACJĄ STATUTÓW LITEWSKICH

2017 ◽  
Vol 2 (2) ◽  
pp. 71
Author(s):  
Sławomir Godek
Keyword(s):  
Family Law ◽  
Roman Law ◽  
Property Law ◽  
The Third ◽  
Procedural Law ◽  
Fertile Ground ◽  
The Subject ◽  
Law Of Succession ◽  
Made In

SOME REMARKS ON THE STUDY OF THE ROMANIZATION OF LITHUANIAN STATUTESSummary The article is dedicated to the issues connected with the reception of Roman Law in the Lithuanian statutes of 1529, 1566, and 1588. After an analysis of the existing scholarly accomplishments in the field, one cannot but conclude that the study of the influence of the Roman Law on Lithuanian codifications has hardly been started yet. Despite the fairly long tradition of research in this field, so far only selected elements of the first and second statutes have been analyzed in order to identify Roman constituents. The research carried out in 1930s by Raphael Taubenschlag, Franciszek Bossowski, and Karol Koranyi demonstrated which Roman Law noticeably influenced the statutory regulations pertaining to family law, law of property, law of succession, criminal and procedural law. Their observations partly confirmed the findings previously made in the nineteenth century by Aleksander Mickiewicz, Franciszek Morze, and Ignacy Daniłowicz. At the same time, nothing is still known about the scope of Romanization in the third Lithuanian statute or about the transformations which Roman elements underwent in each of the statutes. Without further study of the subject, one cannot assess the role of Roman law in the Commonwealth (Rzeczpospolita).It seems that the most fertile ground for identification of Roman elements in the third Lithuanian statute is tutorship and succession law, especially testamentary succession. Some interesting and original observations could be made on the basis of a more thorough comparative analysis of the pertinent Roman and Lithuanian regulations.

II. Dating the Exceptiones Petri

2015 ◽  
Vol 101 (1) ◽  
pp. 54-85
Author(s):  
Uta-Renate Blumenthal
Keyword(s):  
Twelfth Century ◽  
Final Section ◽  
Roman Law ◽  
Short Introduction ◽  
The Third

Abstract The Exceptiones Petri legum Romanorum, a treatise on Roman law, were composed in the early twelfth century in Provence; codex MS Lleida Arxiù Capitular RC_0021 is a particularly significant manuscript of the treatise. As this article shows it is its oldest extant copy and illuminates authorship, origin and date of the work, all points that have been hotly debated until now. After a short introduction the paper discusses in its second part the historiography of the Exceptiones Petri in connection with the Lleida manuscript. The third section addresses the date of this treatise, while the fourth turns to the glosses in the Lleida manuscript before presenting conclusions in a final section. Appendix I to this paper transcribes the glosses in the Lleida manuscript in comparison to other manuscripts of the Exceptiones. For the sake of convenience Appendix II lists all the references to Gratian’s Decretum that are missing in the Lleida manuscript, but are found in all younger manuscripts of the Exceptiones and were accordingly published by Fitting and Mor.

Having Made Peace through the Blood of the Cross

Grotiana ◽  
2017 ◽  
Vol 38 (1) ◽  
pp. 28-45
Author(s):  
Eltjo Schrage
Keyword(s):  
Public Interest ◽  
Roman Law ◽  
The Third ◽  
The Cross ◽  
As If

In his Defensio fidei catholicae de satisfactione Christi adversus Faustum Socinum Senensem Grotius makes use of sources taken from Roman law. We discuss three examples and ask the question whether something may be said about the weight of the arguments Grotius has taken from Roman law, mainly the Digest. The first one relates to his belief that it is a matter of public interest that crimes do not remain unpunished and he calls this argument even a trivial commonplace: Hoc enim iudicare videtur trita sententia delicta puniri publice interest. (2) The second example is Grotius’s thesis that si alio animo alius idem solvat, liberatio non contingit. (3) The third example is his thesis that ex Romanorum legibus … poenae variantur pro conditione personarum which he also justifies with an impressive number of references. The conclusion is that Grotius uses these arguments, as if they were propositions suitable to function as part of the theological construction apt to rebut the views of Socinus, but for that purpose Grotius´s quotations are generally taken out of their original context and landed on a sort of Procrustean bed of his theological presuppositions.

Proctorial Representation in the House of Lords during the Reign of Edward VI

1969 ◽  
Vol 8 (2) ◽  
pp. 1-27 ◽  
Author(s):  
Vernon F. Snow
Keyword(s):  
Sixteenth Century ◽  
Roman Law ◽  
Henry Viii ◽  
Fourth Section ◽  
The Third ◽  
Satisfactory Treatment ◽  
House Of Lords ◽  
History Of ◽  
The Subject ◽  
The Relationship

This is the third in a series of studies dealing with the history of the proxy system in the House of Lords. The first, after tracing the origin of proxies to the Roman law of agency, dealt with the emergence and spread of representation by proctors in the ecclesiastical and political assemblies of medieval England. The second study demonstrated how the proxy system was perfected in the upper house during the reign of Henry VIII and how the Crown benefited from that system. The ensuing article concerns proctorial representation during the crucial years of the Edwardian Reformation. Because of the brief period under consideration — only six years — it seemed best to cast the study in an analytical rather than a chronological framework. The first section deals with the general characteristics of proctorial representation in mid-Tudor times; the second and third sections cover the spiritual and temporal lords, respectively; and the fourth section treats the relationship between the proxy system and conciliar government.IKnowledge of the proxy system in the mid-sixteenth-century House of Lords remains somewhat fragmentary and limited in scope. A satisfactory treatment of the subject does not exist. Constitutional and legal historians have paid little attention to proxies and less to the procedure governing their use in the upper house. As one might expect, Bishop Stubbs dealt with proxies in medieval Parliaments and correctly associated them with parliamentary privileges, but at the same time he concluded that “its history has not yet been minutely traced.

scholarly journals Interregnum as a Legal and Political Concept: A Brief Contextual Survey

2016 ◽  
pp. 109 ◽  
Author(s):  
Philippe Theophanidis
Keyword(s):  
South African ◽  
Roman Law ◽  
Political Crisis ◽  
The Political ◽  
Main Section ◽  
Far Right ◽  
The Third ◽  
The Past ◽  
Political Crises ◽  
Political Concept

I propose to trace the dialogical path of Antonio Gramsci’s concept of ‘interregnum’ briefly mentioned in one of his prison notebooks which was rediscovered in recent years and used in various political writings. I will first examine the meaning of the concept of interregnum in the context of Roman law, where it originates. Second, I’ll show how the Italian writer used it in a two-page note included in his Quaderni del carcere to describe the political crisis of our times. I will also briefly sketch the renewal of the idea of interregnum from the 1980s onward, when a specific quote from Gramsci’s note was used to frame various political crises, from South African apartheid to the civil war in Syria, all the way to the rise of a new far right ideology. In the third and main section, I’ll explore in more detail how, in the past five years, Keith Tester, Zygmunt Bauman, and Étienne Balibar all explicitly engage with the idea of interregnum in an open dialogue. While referencing one another, they used Gramsci’s interpretation of the concept in an effort to understand and address the contemporary problem of political synthesis. In the fourth part, and in the spirit of keeping discussion open, I will raise some issues regarding the various paths proposed by Bauman and Balibar to find our way ‘out of the interregnum.

Wie der weise Accursius für einen Narren gehalten wurde: Die Geschichte eines missverstandenen Scherzes

2015 ◽  
Vol 132 (1) ◽  
Author(s):  
Giorgia Maragno
Keyword(s):  
Roman Law ◽  
Ancient History ◽  
Accurate Analysis ◽  
The Third

AbstractHow the wise Accursius was taken for a fool: the story of a misunderstood jest. Against the backdrop of the alleged ‚legal transfer‘ from the Greeks to the Romans during the process of drafting the XII Tables, at which Pomponius hints in D. 1,2,2,4, Accursius reports (Gl. constitui) the well-known dialogue in gestures between a wise Greek and a Roman fool. In this story he also seems to make a paradoxical reference to the dogma of Trinity. This passage has been subjected during the centuries to three different approaches: 1) it is a fabula, which Accursius believes to be historia, revealing his total ignorance of ancient history; 2) it is historia not only in Accursius’ opinion, but also for some later scholars, who follow his authority on the matter; 3) Accursius knows it is a fabula, a iocus, a nuga, and he wittingly tells it as such. An accurate analysis of the gloss shows that the third interpretation is the soundest: Accursius was acquainted with the ancient tradition about the embassy to Athens and considered it to be no more than a fabula. He tells this ‚dialogue of mutes‘ with the purpose of stressing the pre-eminence of Roman law over Greek law.

Austria

2015 ◽  
Author(s):  
Alice Perscha ◽  
Richard Frimston
Keyword(s):  
Federal Republic ◽  
Legal System ◽  
Separation Of Powers ◽  
Civil Law ◽  
Roman Law ◽  
The Third ◽  
The Republic ◽  
Constitutional System

The Republic of Austria is a federal republic, divided into nine states (‘Bundesländer’), which have legislative competences of their own. The judiciary is considered to be the third pillar of the Austrian constitutional system, together with legislation and administration; the doctrine of a separation of powers, judiciary, and administration (executive) means that they are separated in all instances. Austria is a civil law country; its legal system is based on Roman law.

The Civil Law in Scotland

2001 ◽  
Vol 5 (2) ◽  
pp. 130-144 ◽  
Author(s):  
William M Gordon
Keyword(s):  
Legal System ◽  
Legal Education ◽  
Civil Law ◽  
General Meeting ◽  
Roman Law ◽  
Annual General ◽  
Annual General Meeting ◽  
The Third ◽  
English Law

This article is a revised version of an address given at the Annual General Meeting of the Stair Society on 6 November 1999. It explores three issues relating to the use of the Civil Law in Scotland. The first is the distinction to be drawn between Roman Law and the Civil Law and the use that can be made of the Civil Law as distinct from Roman Law. The second is the issue of reception of another legal system, the reception of the Civil Law in Scotland in particular, and the countervailing influence of English law. The third is the place of Roman Law and the Civil Law in legal education in Scotland.

scholarly journals Pravo mora u Sredozemlju tijekom povijesti

2017 ◽  
Vol 4 (1) ◽  
pp. 47 ◽  
Author(s):  
Marina Vokić Žužul ◽  
Božena Bulum
Keyword(s):  
Mediterranean Sea ◽  
20Th Century ◽  
Middle Ages ◽  
Roman Law ◽  
Law Of The Sea ◽  
Historical Sources ◽  
Principal Characteristics ◽  
The Third ◽  
The Mediterranean ◽  
The Law

This paper presents the principal characteristics of the development of the law of the sea in the Mediterranean, from the initial historical sources to the Third UN Conference on the Law of the Sea (1982). A centuries-long process of creating that law, which applies to all seas, the authors analyzed through the prism of its application in the Mediterranean marine spaces ‒ from the time of the Roman law and its free use of the sea for all, the lordship over the sea by the feudal sovereigns (states) in the Middle Ages, until the first traces of the contemporary law of the sea in the 17th century and codification efforts in the 20th century. A special attention is paid to the complexity of the genesis of the legal regimes and boundaries in the Mediterranean Sea.

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