Aproximación a la personalidad jurídica de las civitates romanas en época imperial

2014 ◽  
pp. 2093-2120
Author(s):  
Rosa MENTXAKA ELESPE
Keyword(s):  
Private Law ◽  
Public And Private ◽  
Roman World ◽  
Different Types ◽  
Urban Settlements ◽  
Legal Entities

LABURPENA: Artikuluan modu oso oinarrizkoan aurkezten dira (hartzaile nagusiak zuzenbide-graduko ikasleak baitira) gure aroko lehenengo hiru mendeetako legelari erromatarrek civitates direlakoek trafiko juridikoan gauzatzen zuten jarduerari buruz egindako erreferentziak. Gai aurkeztu ostean (mundu erromatarrean zeuden mota desberdinetako hiri-kokalekuen arteko diferentziak ere azaltzen dira), klasikoen testuak aztertzen dira; horietan, hiri erromatarrei aitortutako ahalmenak aipatzen dira, zuzenbide publikoaren zein pribatuaren esparrukoak. Azterlanetik kanpo geratzen dira epigrafeetan edo legelariak ez zirenen testuetan egindako aipamenak. RESUMEN: El artículo presenta, de una manera muy básica (ya que tiene como principales destinatarios a las y los estudiantes del grado de derecho) algunas de las referencias que encontramos en los escritos de los juristas romanos de los tres primeros siglos de nuestra era a la actuación de las civitates en el tráfico jurídico. Tras una presentación del tema (en la que se explica la diferencia entre los diversos tipos de asentamientos urbanos existentes en el mundo romano) se pasa revista a los textos de los clásicos en los que se mencionan las facultades reconocidas a las ciudades romanas, tanto en el ámbito del derecho público como privado, dejando fuera del estudio las menciones transmitidas en epígrafes o en escritos de no juristas. ABSTRACT: Because it is mainly addressed to students, this paper presents, in a very basic way, some references to the role of the civitates, as legal entities in legal transactions; the texts are collected from Roman jurists of the first three centuries of our era. After an introduction of the different types of varied urban settlements in the Roman, world, there is an exposition based in the recognized faculties to the cities as actors of legal transactions, both in the field of public and private law, leaving aside the references transmitted in inscriptions or in writings of non-Jurists.

Capital, Investment, and Innovation in the Roman World

2020 ◽  
Keyword(s):  
Capital Investment ◽  
Roman History ◽  
Roman Economy ◽  
Roman World ◽  
Theoretical Perspectives ◽  
Modern Economic Growth ◽  
Different Types ◽  
Modern Economic ◽  
Agriculture Water

Investment in capital, both physical and financial, and innovation in its uses are often considered the linchpins of modern economic growth, while credit and credit markets now seem to determine the wealth—as well as the fate—of nations. This book asks whether it always thus, and whether the Roman economy—large, complex, and sophisticated as it was— looked anything like today’s economies in terms of its structural properties. Through consideration of the allocation and uses of capital and credit and the role of innovation in the Roman world, the contributors to this volume go to the heart of the matter. How was capital in its various forms generated, allocated, and employed in the Roman economy? Did the Romans have markets for capital goods and credit? Did investment in capital lead to innovation and productivity growth? The authors consider multiple aspects of capital use in agriculture, water management, trade, and urban production, and of credit provision, finance, and human capital in different periods of Roman history, in Italy and elsewhere in the Roman world. Using many different types of written and archaeological evidence, and employing a range of modern theoretical perspectives and methodologies, the contributors, an international team of historians and archaeologists, have produced the first book-length contribution to focus exclusively on (physical and financial) capital in the Roman world, a volume that is aimed at experts in the field as well as at economic historians and archaeologists specializing in other periods and places.

Gender, Memory, and Identity in the Roman World

2019 ◽  
Keyword(s):  
Roman Empire ◽  
Late Antiquity ◽  
Roman History ◽  
Public And Private ◽  
Imperial Rome ◽  
The Past ◽  
Roman World ◽  
Material Sources ◽  
Close Relationship

This volume approaches three key concepts in Roman history — gender, memory and identity — and demonstrates the significance of their interaction in all social levels and during all periods of Imperial Rome. When societies, as well as individuals, form their identities, remembrance and references to the past play a significant role. The aim of Gender, Memory, and Identity in the Roman World is to cast light on the constructing and the maintaining of both public and private identities in the Roman Empire through memory, and to highlight, in particular, the role of gender in that process. While approaching this subject, the contributors to this volume scrutinise both the literature and material sources, pointing out how widespread the close relationship between gender, memory and identity was. A major aim of Gender, Memory, and Identity in the Roman World as a whole is to point out the significance of the interaction between these three concepts in both the upper and lower levels of Roman society, and how it remained an important question through the period from Augustus right into Late Antiquity.

14. Interest groups

2017 ◽  
Author(s):  
Roland Erne
Keyword(s):  
Interest Groups ◽  
Contentious Politics ◽  
Voluntary Organizations ◽  
Political Systems ◽  
Private Interest ◽  
Public And Private ◽  
Interest Representation ◽  
Different Types ◽  
Alternative Suggestion

This chapter examines the role that interest groups play in political systems across time and space. Many scholars define interest groups as voluntary organizations that appeal to government but do not participate in elections. In a comparative context, however, this formal definition is problematic as the form of interest representation varies across countries. An alternative suggestion is to distinguish ‘public’ and ‘private interest groups’, but the term ‘public interest’ is problematic because of its contentious nature. The chapter begins with a review of different definitions of interest groups and the problems associated with each. It then considers the legacies of competing theoretical traditions in the field, namely republicanism, pluralism, and neocorporatism. It also discusses the role of interest associations in practice, distinguishing different types of action that are available to different groups, including direct lobbying, political exchange, contentious politics, and private interest government.

MORE THAN MISTRESSES, LESS THAN WIVES: THE ROLE OF ROMAN CONCUBINAE IN LIGHT OF THEIR FUNERARY MONUMENTS

2020 ◽  
Vol 88 ◽  
pp. 151-184
Author(s):  
Tatjana Sandon ◽  
Luca Scalco
Keyword(s):  
Point Of View ◽  
First Century ◽  
Third Century ◽  
Funerary Monuments ◽  
Roman World ◽  
Different Types ◽  
Roman Italy ◽  
Marital Union ◽  
Legal Marriage

This article focuses on the role of concubinae in the Roman world, through analysis of inscriptions and reliefs on funerary monuments involving these women and their relatives. It investigates why concubinatus was chosen in preference to legal marriage, and how the concubina was perceived as a member of her partner's family. The results bring to light how this type of quasi-marital union was an appealing option for men of social standing, and that the role of concubinae accepted by their partners was not so dissimilar to that of legal wives. The article considers funerary monuments from Roman Italy, dating from the first century BC to the early third century AD. It deals with the role of Roman concubinae by analysing tombstones from both an archaeological and historical point of view; the aim of this analysis is to reconstruct a social pattern of concubinatus and of the individuals involved in this type of quasi-marital relationship, with the aid of two different types of ancient sources.

scholarly journals The Role of Private Law in the Regulation of Educational Relations

2019 ◽  
Vol 12 (5) ◽  
pp. 20
Author(s):  
Elena Vasilievna Kobchikova ◽  
Timofey Grigorievich Makarov
Keyword(s):  
Significant Role ◽  
Professional Education ◽  
Educational Institution ◽  
Civil Law ◽  
Educational Experience ◽  
Educational Services ◽  
Private Law ◽  
Educational Service ◽  
Public And Private

In this article prepared by Kobchikova E.V. and Makarov T.G., the connection between private law with educational relations is considered; it is stated that educational relations are characterized by the presence of public and private components in them. The work gives a detailed description to civil relations in the sphere of education, explores the concept of educational service, and considers the place of an agreement for rendering paid educational services among other service agreements. The authors of the article note that this agreement, just like the majority of civil law contracts, is a bilaterally binding one, i.e., both parties (educational institution and student) are bound with mutual obligations. In accordance with the principles of private law regulations, educational relations are regulated by the parties to the agreement for rendering fee-based educational services, based on the legal equality of the parties. Thus, the subjects of educational relations may create rights and obligations for themselves, as well as to change and terminate them. The authors note that agreements in the sphere of professional education allow students developing independence in learning, thus letting them controlling their educational experience in accordance with their needs and interests. All this points to the significant role of private law in the regulation of educational relations.

scholarly journals Legal and Historical Prerequisites for the Transfer (Inheritance) of the Deceased Person Property to Public Legal Entities

2020 ◽  
pp. 125-137
Author(s):  
Maryna BORYSLAVSKA
Keyword(s):  
Public Law ◽  
Civil Code ◽  
The State ◽  
Private Law ◽  
Legal Capacity ◽  
Public And Private ◽  
Legal Personality ◽  
The Status ◽  
Legal Capability ◽  
Legal Entities

The article studies the peculiarities of participation in civil relations of such public legal entities as the state and the territorial community. It is established that according to part 2 of Article 2 of the Civil Code of Ukraine, along with legal persons of public law, they are assigned to subjects of public law. Full determination of the status of public entities in private law remains problematic. This is due to the dual status of these entities: as participants in public and private relations. It is stated that despite the fact that the State and territorial communities are primarily subjects of public law, they take part in civil relations, taking into account the signs of these relations defined in the Civil Code of Ukraine. The classification of public legal entities as special entities leads to their participation in civil relations through state authorities and other entities that are legal persons; representation of their interests by physical persons is not excluded. It is confirmed that the civil legal capability and legal capacity of public legal entities is reduced to the legal capacity of bodies acting in their interests. The acquisition of legal personality by public legal entities is carried out mainly in accordance with the norms of constitutional and administrative law. It is determined that the civil legal capacity of public legal entities is limited in scope. On the basis of the analysis of acts of legislation on inheritance of the Soviet and modern period, it is established that the current legislation provides for the maximum removal of public legal entities from the field of private law. This is manifested in hereditary relationships. Public law entities may acquire ownership of the property of the deceased if: 1) a will is drawn up in their favor; 2) if the property was not inherited by the heirs and by decision of the court is recognized as fictitious and becomes the property of the territorial community. It is confirmed that under Ukrainian law the transfer of fictitious property to communal property is not recognized as inheritance. Separately, it should be noted that before the entry into force of the Civil Code of Ukraine of 2003, fictitious property in Ukraine was inherited by the state, now by territorial communities.

The Constructive Role of General Principles in International Arbitration

2018 ◽  
Vol 17 (3) ◽  
pp. 455-498
Author(s):  
Brianna Gorence
Keyword(s):  
International Law ◽  
Due Process ◽  
Private Law ◽  
International Arbitration ◽  
Public And Private ◽  
Fair And Equitable Treatment ◽  
Equitable Treatment ◽  
Unique Application

AbstractIn international arbitration, treaty standards, such as fair and equitable treatment (FET), general procedural norms, such as due process, and excuses for suspension of performance, such as the exceptio defense, draw on general principles of international law to clarify their interpretation and application. This article will (1) show what general principles of international law are, how they form and how they are distinct from general principles in domestic, public and private law systems; (2) illustrate their role with specific attention to their unique application in different international law contexts; (3) use the examples of FET, procedural norms and suspension of performance to show how general principles of international law are used in international arbitration; (4) warn against their inattentive, sloppy or haphazard use and application; and (5) ultimately highlight the benefits of incorporating general principles in international arbitration while proposing a precise methodology for their use.

Cultural diversity, human rights and inconsistency in the English courts

Legal Studies ◽  
2001 ◽  
Vol 21 (2) ◽  
pp. 192-225 ◽  
Author(s):  
Urfan Khaliq ◽  
James Young
Keyword(s):  
Human Rights ◽  
Cultural Diversity ◽  
Private Law ◽  
Public And Private ◽  
Cultural Conflicts ◽  
The Public ◽  
International Dimension ◽  
Child Abduction ◽  
The Uk

Ethnic and cultural diversity within the UK has ensured that English courts regularly have to resolve cultural conflicts. This paper concentrates on cultural conflicts in the courts where there is an international dimension to this issue and where persons not resident in the UK seek the help of the English courts. The paper does this by reference to two areas of law, asylum and child abduction, which also allows a comparison between the approach to human rights by judges in the public and private law spheres. The paper aims to highlight the in consistency of the approach among judges in child abduction cases, where the role of human rights is unclear. It contrasts this with the judicial approach in asylum cases and English law in general, where we argue human rights are increasingly influencing the attitudes to various practices justified on a cultural or religious basis.

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