Critical Studies in Ancient Law, Comparative Law and Legal by John Jr. Cairns, Olivia Robinson

By John Jr. Cairns, Olivia Robinson

This significant choice of essays is on the leading edge of up to date study on Roman legislation, comparative legislations, and felony historical past. The overseas and exceptional team of authors tackle probably the most full of life modern difficulties of their respective fields, and supply new views and insights in a variety of components. With an organization concentrate on texts and contexts, the papers come jointly to supply a coherent quantity devoted to one of many maximum modern Romanists, felony historians and comparative legal professionals. The ebook covers Professor Watson's major fields of curiosity in a transparent and obtainable shape, whereas additionally making to be had the scholarship of a few people who don't ordinarily post in English. This fully-indexed quantity can be of curiosity to all students and scholars of Roman legislations, historical Jewish and chinese language legislations, felony historical past and comparative legislation, and should be beneficial for instructing and examine in those fields.

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These interdicts had nothing to do with the problem of defining who, of two opponents, the possessor was, and consequently who the actor would be in a formulary trial. In litigation about a ius aquae ducendae or eundi agendi, there was no necessity for the parties to define their positions. For these iura praediorum, unlike disputes over ownership, two opposite actions do in fact exist. As Ulpian in D. 2pr informs us: “confessoria ei qui servitutes sibi competere contendit, negatoria domino qui negat” [“A confessory action pertains to the man who claims that he has a right to servitudes, the negative action to the owner who denies this”].

1 in Ferrini’s edition with the Latin translation given by him:55 “κα acceptilatiων διαλ ει τ ν νοχ ν. στ δ acceptilatiων ς ν ορω ικονικ καταβολ µασι τυπιχο ς γινοµ νη”. That is: “Acceptilatio quoque obligationem tollit. acceptilatio est, si eam definire velis, imaginaria solutio sollemnibus verbis facta . ”. Although in Justinian’s law acceptilatio was certainly an informal act,56 Justinian’s Institutes largely preserved the text of G. 169–170 and 172, and Theophilus surely translated into Greek the definition of acceptilatio found by him in a work of a classical lawyer, which was: imaginaria solutio sollemnibus verbis facta.

Gaius was writing for beginners, who could not be expected to understand terms of the law which were not explained to them, but he does not find it necessary to attempt to define a causa traditionis. Sale and donation are typical causae, but any other causa is sufficient. It would appear to follow that, in this context at least, the legal sense of causa did not differ from its popular sense, or at least, not sufficiently for a student beginning the study to be seriously misled by the statement that property would pass by a delivery “quavis alia ex causa”.

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