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Showing 1 to 20 of 39 for “"Roman Law"”.
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A ROMAN LAW PERSPECTIVE ON SUPERVENING EVENTS IN CHINESE CONTRACT LAW
… of change of circumstances in Chinese civil law, tracing their conceptual roots to Roman law – particularly the assessments of vis maior by pre-classical and classical jurists. The concept of vis maior is developed through a terminological reflection based on sources from the Digest of …
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Citizenship, exile, and natural rights in medieval Roman law, ca. 1200-1400
… (civis) and as human being, in the medieval Roman law tradition from ea. 1200 to 1400. My primary sources are the writings of the most famous north-Italian jurists (including Accursius, Bartolus of Sassoferrato, and Baldus de Ubaldis), who were at the centre of the late-medieval reception of …
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Innominate contracts : an analysis of doctrine and jurisprudence
In the so called modern era of law, the innominate contract is perceived to be pointless, insignificant and rather futile. It is sometimes held to be the product of a defunct nominate contract. However, the innominate contract is more than simply an antithesis to a nominate contract. Its roots are …
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Negozio giuridico processuale e categoria generale di contratto nella scienza giuridica europea
… the general category of contract, according to Roman law sources. In particular, we should highlight that the contract prototype, used in the trial context, imposes us to believe that the parties are propelled to mutually collaborate in order to obtain a fair trial.
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Oggetto del contratto tra storia e comparazione giuridica
Key words: Oggetto of the Contract; Italian law; Roman law; French law; English law. This research analyses the oggetto of the contract between history and comparative law. After introducing the topic, the author presents the methodologies of the study. The first part of the work (in Italian) is …
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The Administration of Spain Under Charles V, Spain's New Charlemagne
Charles I, King of Spain, or Charles V, Holy Roman Emperor, was the most powerful ruler in Europe since Charlemagne. With a Germanic background, and speaking French, Charles became King of Spain in 1516. Yet secondary sources and available sixteenth century Spanish sources such as Spanish Royal …
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Negotiorum gestio in South African law : an historical and comparative analysis
… is developed and been applied in South African law. As appears from the tittle hereof, it is not merely a description of the relevant aspects of negotiorum gestio as applied in modern South African practice, but an historical and comparative analysis of an institution which has its origin in …
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Alle origini delle problematiche sul formalismo convenzionale: una nuova riflessione intorno a C. 4.21.17
… as one of the most controversial and disputed laws of the Corpus iuris civilis: C. 4.21.17. However, this constitution has been considered by the scholars of Roman law as primarily (or exclusively) related to the sale contract, mostly identified in a transferring contract , very similar to the …
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Maritime mortgages: a question of priority
… owner, has a history that can be traced back to Roman law. Early references to the practice may be found in the Digest of Justinian Book 42 dealing with privileges over property, where Paulus is quoted as saying: "Anyone who has lent money for the purposes of building, equipping or even …
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Il notariato ad Iglesias tra Medioevo ed età moderna
In the general climate of revival of Roman law, since the twelfth century, in some Italian cities grew and flourished the notarial institute. It began to carry out its basic functions in the field of legal transactions between independent and public administrations. The importance of the role of …
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Law and community in a slave society : Stellenbosch district, c.1760-1820
… primarily concerned with the functioning of the law in the Cape Colony in the late eighteenth and early nineteenth centuries as it pertained to slaves and masters (and to a lesser extent Khoi servants). It examines the operation of the law in one particular rural district, namely, Stellenbosch in …
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Baseline determination : an examination with special reference to the low-water mark
… application of a variety of international sea law rules, 200 years ago and further back in the era of ancient Rome, the LWM was held to be of no consequence. According to Roman law the air, running water, the sea and the sea-shore may be mentioned as examples of "things" being common to all …
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Transfer of ownership in international sales of goods
… be avoided by observing peculiarities of the law applicable to an international sales contract and especially to the transfer of ownership. Thereby, the following legal systems will be taken into consideration: Lex Mercatoria, Swiss Law, South African Law and English Law. The aim of every …
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SUBSTANTIAM REI MUTARE. FISICA ARISTOTELICA ED AZIONE MIRACOLOSA NELLA FONDAMENTAZIONE DUECENTESCA DELLA PLENITUDO POTESTATIS
… imposed on these texts and those affecting Roman law. Building on this ground, the analysis explores the potential influence of these new conceptual frameworks on the development of the notion of "miracle" within scholastic thought. Additionally, it examines how this understanding of divine …
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Jurists and Orators: Rhetorical and Legal Perspectives on the Roman Family
<p>Roman legal advocacy and legal expertise have long been viewed as two different fields of occupation with different intellectual aims and have therefore been assumed to have had little interaction with one another. More recent scholarship, however, has questioned this dichotomy between orators …
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Recepción de las instituciones romanas en la biografía de Alonso Antonio de San Martín, hijo de Felipe IV
… jurídicas que procedentes del Derecho romano que están vigentes en su biografía: la filiación ilegítima; dispensa de la irregularidad por nacimiento y la restitutio natalium romana, la jurisdicción episcopal basada en la episcopalis audientia del período posclásico romano, y algunos …
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Cosmopolitan Subjects: An Anthropological Critique of Cosmopolitan Criminal Law and Political Modernity
… global criminal courts, and whether cosmopolitan law can serve as the basis for what an earlier generation of anthropologists would have called a culturally-neutral global order? The present project, based on ethnographic fieldwork at the Yugoslavia Tribunal in The Hague, uses the case of Dusko …
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Clemence of Barking and Valdes of Lyon: Two Contemporaneous Examples of Innovation in the Twelfth Century
… time in history. Scholars have noted that Roman law was being revived, Aristotelian theory was being studied, Romanesque and Gothic art was being produced, scholasticism was being cultivated, and economic growth was being fostered by the rise of towns. These are just some of the …
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