By John Jr. Cairns, Olivia Robinson
This significant number of essays is on the innovative of latest learn on Roman legislations, comparative legislation, and criminal background. The foreign and exceptional workforce of authors deal with the most full of life modern difficulties of their respective fields, and supply new views and insights in quite a lot 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 booklet 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 in most cases submit in English. This fully-indexed quantity may be of curiosity to all students and scholars of Roman legislations, old Jewish and chinese language legislation, felony heritage and comparative legislation, and may be necessary for instructing and learn in those fields.
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Extra info for Critical Studies in Ancient Law, Comparative Law and Legal History
31pr, that a bare delivery never passes ownership unless there be a precedent cause, is more emphatic than any earlier surviving text in point. It is one thing to hold that property may pass if the parties believe that there is a cause for the delivery, though the cause does not exist in fact. To hold that property may pass though there is no cause for the delivery and the parties have different causes in mind is to treat the requirement of a cause very cavalierly indeed, and if Ulpian did not altogether approve the laxity of his predecessors, it is understandable that he should stick at this point.
D. 18pr, Ulpian 7 disputationum) “Cum in corpus quidem quod traditur consentiamus, in causis vero dissentiamus, non animadverto cur inefficax sit traditio, veluti si ego credam me ex testamento tibi obligatum esse ut fundum tradam, tu existimes ex stipulatu tibi eum deberi. ”]29 (D. 36, Julian 13 digestorum) It is not very uncommon even today for a person who is obliged to turn for financial assistance to a relative or friend to save his pride by protesting that all that he requires is a loan which will infallibly be repaid the moment he has extricated himself from his present merely temporary difficulties, and to redouble his protestations if his benefactor makes it clear that he does not imagine that he can expect repayment and perfectly understands that “loan” is to be understood as a euphemism.
Whatever allowance we make for the difference between archaic attitudes and our own, it would be strangely artificial to hold that a debtor by stipulation, for example, who paid without suit, was in effect compounding for the seizure to which he would become liable if he defaulted, and had his creditor brought an action against him on the stipulation and recovered judgment, and had the judgment not been satisfied within the thirty days of grace allowed by law. 6 Accursius seems to have borrowed his distinction between vera and putativa causa from a passage of Pomponius: “Hominem, quem ex stipulatione te mihi debere falso existimabas, tradidisti mihi.
Critical Studies in Ancient Law, Comparative Law and Legal History by John Jr. Cairns, Olivia Robinson