1-20 of 25 Results

  • Keyword: Roman law x
Clear all

Chapter

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter discusses the acquisition of ownership in Roman law. It covers derivative modes of acquiring ownership; original modes of acquiring ownership; and gifts.

Chapter

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. The term European ius commune (in its historical sense) signifies that, from the fourteenth to the start of the sixteenth centuries, most of Europe shared a common legal tradition. Many local and regional variations on the law existed, but the terminology, concepts, and structure provided by elements of Roman law provided a common framework. This chapter traces how Justinian's codification came to influence the modern world.

Chapter

9. Obligations:  

general principles and obligations arising from contracts

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter discusses the Roman law of obligations. It begins with a general discussion of the nature and classification of obligations. It then covers the general features of Roman contracts; consensual contracts; verbal contracts; contracts re; contracts litteris; innominate contracts; pacts; and the quasi-contract.

Chapter

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.

Chapter

This chapter examines the history of the civil law tradition. The role of civil law first expanded in Rome. From a time of very rigid and formalistic procedures in the early empire, with essentially only chthonic law to be applied, the civil law grew, both substantively and procedurally, until it became substantively adequate to deal with an entire range of societal problems. From the time of its rediscovery, Roman law continued to expand, from its established positions in universities and in central political authority.

Chapter

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter discusses the sources of Roman law. It covers sources of law in the archaic period; sources of law in the Republic; sources of law in the Empire; the post-classical era; and Justinian's codification of Roman law.

Chapter

This chapter discusses the sources of Roman law. It covers sources of law in the archaic period; sources of law in the Republic; sources of law in the Empire; the post-classical era; and Justinian’s codification of Roman law. It is difficult to provide a comprehensive and finite list of the sources of Roman law, since the Roman jurists never defined the term ‘source of law’ and different sources were emphasized at certain periods in the history of the Roman legal system to reflect their prominence as instruments of legal reform. There are three statements in which the sources of Roman law are listed, seemingly without any specific order. The earliest is by Cicero in the first century BC. The second is a comment by the second-century jurist Gaius in his Institutes. The latter was adopted and amended in Justinian’s Institutes of the sixth century AD.

Book

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. Borkowski's Textbook on Roman Law provides an account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations. The text sets the law in its social and historical context, and demonstrates the impact of Roman law on our modern legal systems. For the fifth edition, references to a wide range of scholarly texts have been included, to ground the account of Roman law firmly in contemporary scholarship. Examples from legal practice have been added. The text has been updated to reflect current scholarly opinions. References to the latest legal scholarship on Roman law, such as Hausmaninger, Gamauf and Sheets' A Casebook on Roman Property, have been included to reflect the most recent developments in the field.

Book

Course-focused and comprehensive, Borkowski’s Textbook on Roman Law provide an accessible overview of the key areas on the law curriculum. Borkowski’s Textbook on Roman Law provides an account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations. The text sets the law in its social and historical context, and demonstrates the impact of Roman law on our modern legal systems. For the sixth edition, the text has been comprehensively reviewed and references to a wide range of scholarly texts have been included, to ground the account of Roman law firmly in contemporary scholarship. Examples from legal practice have been added where these illuminate legal doctrine. The text has been updated to reflect current scholarly opinions. References to the latest legal scholarship on Roman law have been included to reflect the most recent developments in the field.

Chapter

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter first discusses Roman family law. It covers the paterfamilias (head of the household); marriage and divorce; adoption; and guardianship.

Chapter

This chapter is devoted to the Roman law of persons and family. As in modern legal studies, so in Roman law, it is the first branch of private law that students are taught, primarily in order to understand the concept of ‘legal personhood’. This chapter covers the paterfamilias (head of the household); marriage and divorce; adoption; and guardianship. The head of the household was the eldest living male ancestor of a specific family. He had in his power (potestas) all descendants traced through the male line (and also exercised forms of control over other members of the household). Roman law accorded the head of the household extensive legal entitlements, not only vis-à-vis the members of the household, but also its property. The motivation of this state of affairs lies in the recognition in Roman law of the family unit as legally significant entity.

Chapter

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter discusses the Roman law of inheritance. It covers intestacy; making a will; heirs; legacies; testamentary freedom; the failure of wills, heirs, and legacies; and codicils and trusts.

Chapter

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter deals primarily with the various interests that could be acquired in property, particularly ownership, rights to servitudes, and possession. It begins by considering the Roman classification of property.

Chapter

This chapter discusses the Roman law of inheritance. It covers intestacy; making a will; heirs; legacies; testamentary freedom; the failure of wills, heirs, and legacies; and codicils and trusts. The importance of inheritance as a means by which property can be acquired is obvious. A Roman citizen might easily pass through life untouched by the rules, say, of usucapion or accessio, but he could not escape the operation of the law of inheritance (or at least his estate could not when he died). And he would often have inherited property himself on the death of family members or friends. Moreover, inheritance, unlike most other forms of acquisition of property, involved the transfer of the whole of a person’s property.

Chapter

This chapter discusses the acquisition of ownership in Roman law. It covers derivative modes of acquiring ownership; original modes of acquiring ownership; and gifts. The methods of acquiring ownership inter vivos can be classified in a number of ways. For example, some methods can be described in modern civilian systems as ‘original’—where the acquisition of ownership did not depend on there being a prior owner—whereas others were derivative, i.e. where ownership was derived from a prior owner. Or some methods were formal, others causal: in the former case ownership passed because of the use of particular form and ceremony, whereas in the latter case ownership depended on the ground or ‘cause’ of the acquisition.

Chapter

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.

Chapter

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. Status lay at the heart of the law of persons. Rome developed into a highly stratified society in which the different gradations of status were reflected in a myriad of detailed rules. So the law of persons describes the various categories and degrees of status in Roman law, and how status could be acquired or lost. Issues such as slavery and citizenship are fundamental, but the bulk of the law is concerned with the family. This chapter first considers the question of legal personality. It then discusses the rules on status; freedom and the law of slavery; and the legal position of free persons: citizens and non-citizens.

Chapter

Legal status lay at the heart of the law of persons. Rome developed into a highly stratified society in which the different gradations of status were reflected in a myriad of detailed rules. So, the law of persons describes the various categories and degrees of status in Roman law, and how status could be acquired or lost. Issues such as slavery and citizenship are fundamental, but the bulk of the law is concerned with the family. This chapter first considers the question of legal personality. It then discusses the rules on status; freedom and the law of slavery; and the legal position of free persons: citizens and non-citizens.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. The formality requirements of a trust aim to prevent secret fraudulent dealings and to achieve certainty through the recording of transactions. In contrast, no trust exists if the requirements of valid constitution are not complied with. These requirements are designed as a precaution against the casual creation of trusts, a sensible approach given the dramatic consequences of the typical express trust of property. This chapter deals with the constitution of trusts and discusses the distinction between requirements of constitution and formality in relation to the creation of trusts. It also looks at a validly constituted trust, the maxim that equity will not assist a volunteer, how the common law can assist in the constitution of trusts and a valid donatio mortis causa. In addition, the chapter considers constitution by transfer of legal title to trustees as well as assistance from Roman law with respect to constitution of trusts.

Chapter

The term European ius commune (in its historical sense) signifies that, from the fourteenth to the start of the sixteenth centuries, most of Europe shared a common legal tradition. Many local and regional variations on the law existed, but the terminology, concepts, and structure provided by elements of Roman law provided a common framework. This chapter traces how Justinian’s codification came to influence the modern world. The influence of Roman law in the modern world is immense: it constitutes the historical and conceptual basis of many legal systems throughout the world. Its impact has not been confined to those countries in Western Europe that historically formed part of the Roman Empire. Wherever Europeans went, they normally took their law (usually based to some extent on the principles of Roman law) with them.