Suchergebnisse

A comprehensive reassessment of the legal aspects of the colonate, situating the phenomenon within its socio-economic context. It examines afresh two critical sources, the Theodosian and Justinian Codes, and is an invaluable resource for students and scholars of Roman law and the agricultural and social history of late antiquity.

Abstract

The meaning of in bonis in the actio Serviana. The dominant view in the literature on the Serviana (and Publiciana) regarding the meaning of the expression in bonis in the formula is that it refers to quiritary ownership or to possession which leads by way of usucapion to quiritary ownership (the so called bonitary ownership). Yet this view does not consider the fact that provincial land, of which there could only be a protected possession, could be pledged and seized by the pledgee with an action called the quasi Serviana or hypothecaria. Apparently this action applied to bona fide possession ex iusta causa, yet here also we find the expression in bonis for such possession. The conclusion is that in any case in the Serviana in bonis included also such bona fide possession which did not lead through usucapion to quiritary ownership.

Abstract
The dominant view that chirographs had in classical and later Roman law merely evidentiary value has recently been challenged by Jakab. It is sustained in this contribution that chirographs of monetary debts were in the middle of the 2nd century AD transferable with full cession of the inherent actions and that, if they were not yet already at that time actually representing obligations by writing, they were acknowledged as such by the beginning of the 3rd century.

AbstractThe dominant view that chirographs had in classical and later Roman law merely evidentiary value has recently been challenged by Jakab. It is sustained in this contribution that chirographs of monetary debts were in the middle of the 2