Suchergebnisse

This volume investigates the peculiarly British fixation with the the lex Aquilia, a Roman statute enacted c.287/286 BCE to reform the Roman law on wrongful damage to property, against the backdrop larger themes such as the development of delict/tort in Britain and the rise of comparative law.

A fundamental re-assessment of Cicero's place in Roman law. This volume brings together an international team of scholars to debate Cicero's role in the narrative of Roman law in the late Republic - a role that has been minimised or overlooked in previous scholarship. This reflects current research that opens a larger and more complex debate about the nature of law and of the legal profession in the last century of the Roman Republic. Contributors. Benedikt Forschner ́⁰O Catherine Steel ́⁰O Christine Lehne-Gstreinthaler ́⁰O Jan Willem Tellegen ́⁰O Jennifer Hilder ́⁰O Jill Harries ́⁰O Matthijs Wibier ́⁰O Michael C. Alexander ́⁰O Olga Tellegen-Couperus ́⁰O Philip Thomas ́⁰O Saskia T. Roselaar ́⁰O Yasmina Benferhat

"This book provides a comparative analysis of Chinese property law as depicted in the newly enacted Chinese Civil Code. The Chinese Civil Code, the first civil code in the history of the People's Republic China, was enacted as law in May 2020. Reflecting the growing interest in this code and its provisions to scholars of codification and of comparative private law, it has already been translated into English, German, and Italian. Chinese property law has both local and global features, and this comparative study offers a channel through which to understand Chinese property law, by highlighting both its similarities and differences from other systems of property. Broadly speaking, the book brings together two approaches. The first comprises a comprehensive discussion of aspects of Chinese property law, such as ownership, property rights, and secured transactions. The second consists in perspectives from other jurisdictions, and provide an assessment of Chinese property law based on other property systems. Containing contributions by both distinguished as well as young scholars, who are experienced in comparative property law research, the book offers a unique insight into the Chinese Civil Code and, through it, how extra-civilian elements are embodied in a fundamentally civilian legal system. This book will appeal to scholars and students of property law, comparative law, and others with specific interests in law and politics in China"--

This book discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills an important gap in the literature. With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law, it considers: *the sources of medieval law and how to access them *the development from cases to rules *medieval lawyers' strategies for citing each other and their significance *growth of a conceptual approach to the study of law With contributions from leading international scholars in the field, this book therefore fills an important gap in the literature.

Frontmatter -- Acknowledgement -- Contents -- List of Contributors -- List of Abbreviations -- 1. Introduction -- Part I Perspectives on Roman Legal Thought -- 2. Why Read the Jurists? Aulus Gellius on Reading Across Disciplines -- 3. Artes Urbanae: Roman Law and Rhetoric -- 4. The Senatus Consultum Silanianum: Court Decisions and Judicial Severity in the Early Roman Empire -- Part II Interactions between Legal Theory and Legal Practice -- 5. Law's Empire: Roman Universalism and Legal Practice -- 6. The Concept of Conubium in the Roman Republic -- 7. Financial Transactions by Women in Puteoli -- 8. Tapia's Banquet Hall and Eulogios' Cell: Transfer of Ownership as a Security in Some Late Byzantine Papyri -- Part III Economic Realities and Law -- 9. Law, Agency and Growth in the Roman Economy -- 10. Dumtaxat de peculio: What's in a Peculium, or Establishing the Extent of the Principal's Liability -- 11. Pipes and Property in the Sale of Real Estate (D.19.1.38.2) -- Part IV Concluding Thoughts -- 12. The Standpoint Determines the View: Jacques Barzun's Theory of Aspect -- Index