By John Jr. Cairns, Olivia Robinson
This crucial number of essays is on the innovative of latest learn on Roman legislation, comparative legislations, and felony background. The foreign and exceptional workforce of authors handle essentially the most vigorous modern difficulties of their respective fields, and supply new views and insights in quite a lot of components. With a company specialize in 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 e-book 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 general submit in English. This fully-indexed quantity may be of curiosity to all students and scholars of Roman legislation, historic Jewish and chinese language legislations, felony background and comparative legislations, and should be priceless for educating and study in those fields.
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Extra info for Critical Studies in Ancient Law, Comparative Law and Legal History
For this reason we must keep to the strict association of the uti possidetis duplex with the definition of actor and reus in the Roman vindicatio. This association is also confirmed by the fact that another interdict, based on the uti possidetis model, the interdictum de aqua, is given in form duplex when used against another riparian owner who wants aquam ducere against the quasi-possessio of a neighbour. But only in this case. 4 1 G Falcone, “Ricerche sull’origine dell’interdetto uti possidetis”, (1996) 44 Annali del Seminario giuridico dell’Università di Palermo 5–360, at 143ff.
This is also the principal argument against the sufficiency of a putative causa traditionis, for it has very little foundation in the texts. ] 35 D. ] It is hardly necessary to state that an opinion which has no supporters is erroneous, and whatever (if anything) the compilers have done to the text, they would hardly have been at pains to invent an opinion merely to disapprove it. 36 Inst. 11. Solutio and Traditio 29 left not merely unanswered but unasked. That the compilers have so diligently suppressed the classical discussions that no trace of them remains is a somewhat desperate argument in the absence of affirmative evidence that the classical jurists held a putative cause insufficient.
When, after your father who outlived his wife had made you an independent person by means of emancipation, you became your mother’s heir and your property was administered by your father who emancipated you as your statutory guardian, and you made later on in good faith a transactio with him, you will understand, that if only a pactum (de non petendo) has been made, your claim will be repelled by an exception (viz. the exceptio pacti) and that, if however a novatio has taken place in the legally prescribed way and an acceptilatio has followed, no action will be left to you any more.