Ownership In Ancient And Preclassical Roman Law

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Ownership In Ancient And Preclassical Roman Law

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Author : György Diósdi
language : hu
Publisher:
Release Date : 1970

Ownership In Ancient And Preclassical Roman Law written by György Diósdi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with categories.

Gyorgy Diosdi Ownership In Ancient And Preclassical Roman Law

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Author : Giuseppe Grosso
language : it
Publisher:
Release Date : 1971*

Gyorgy Diosdi Ownership In Ancient And Preclassical Roman Law written by Giuseppe Grosso and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971* with categories.

A Casebook On Roman Property Law

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Author : Herbert Hausmaninger
language : en
Publisher: Oxford University Press
Release Date : 2012-02-07

A Casebook On Roman Property Law written by Herbert Hausmaninger and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-07 with History categories.

This book provides a thorough introduction to Roman property law by means of "cases," consisting of brief excerpts from Roman juristic sources in the original Latin with accompanying English translations. The cases are selected and grouped so as to provide an overview of each topic and an orderly exposition of its parts. To each case is attached a set of questions that invite the reader to, e.g., clarify ambiguities in the jurist's argument, reconcile one holding with another, supply missing but necessary facts to account for the holding, and/or engage in other analytical activities. The casebook also illustrates the survival and adaptation of elements of Roman property law in the modern European civil codes, especially the three most influential of those codes: the General Civil Code of Austria (Allgemeines Bürgerliches Gesetzbuch), the German Civil Code (Bürgerliches Gesetzbuch), and the Civil Code of Switzerland (Zivilgesetzbuch). All code excerpts are accompanied by English translations. By comparing and contrasting how the codes have adopted, adapted, or rejected an underlying Roman rule or concept, it is possible for the reader to observe the dynamic character and continuing life of the Roman legal tradition. To facilitate comparison with corresponding rules and concepts in the English common law tradition, additional texts and questions prepared by the translator will be mounted on an accompanying website, www.oup.com/us/romanpropertylaw.

Owneship In Ancient And Preclassical Roman Law

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Author : Gyorgy Diósdi
language : en
Publisher:
Release Date : 1970

Owneship In Ancient And Preclassical Roman Law written by Gyorgy Diósdi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with categories.

The Constitutional Protection And Regulation Of Property And Its Influence On The Reform Of Private Law And Landownership In South Africa And Germany

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Author : Hanri Mostert
language : en
Publisher: Springer Science & Business Media
Release Date : 2002

The Constitutional Protection And Regulation Of Property And Its Influence On The Reform Of Private Law And Landownership In South Africa And Germany written by Hanri Mostert and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Business & Economics categories.

One: Research Question, Terminology and Methodology.- 1: Introduction.- 1. An Introduction to the Basic Problems.- 2. Objectives of Research.- 2.1. Motivation.- 2.2. Legal Comparison.- 2.3. Delimitation.- 3. Practical Significance of Research.- 4. Inquiry Outline.- 2: Terminology.- 1. Possible Terminological Difficulties.- 2. Ownership and Property.- 2.1. Ideological Concept.- 2.2. Legal Concept.- 2.2.1. Private Law Terminology.- 2.2.2. Terminology of the Constitution.- 2.2.3. Terminology of Reform.- 2.2.4. Polarisation of the Private Law Property and Constitutional Property.- 3. Public Interest, Common Weal and Public Purposes.- 3.1. Public Interest and Common Weal in the Constitutional Context.- 3.2. Public Interest, Public Purposes and the Property Clauses.- 3.2.1. Public Interest, Public Purposes and Expropriation.- 3.2.2. Public Interest, Public Purposes and Land Reform.- 4. The Relationship between Property and Public Interest.- 3: Legal Comparison and the Course of Inquiry.- 1. Legal Comparison as Method of Analysis.- 2. Comparative Analysis as Constitutional Directive.- 3. Possibilities for Legal Comparison.- 4. Similarities in the German and South African Property Orders.- 4.1. Bases of the Legal Systems and their Material Law.- 4.2. Corresponding Legal Problems.- 4.3. Comparable Legal Methods.- 4.4. Constitutional Principles.- 5. Differences between the German and South African Systems of Property Law.- 5.1. Drafting Circumstances.- 5.2. Wording of South African and German Property Clauses.- 6. Course of Inquiry.- Two: Background to the Constitutional Protection of Property in Germany and South Africa.- 4: The Drafting Histories of the South African and German Constitutional Property Clauses.- 1. Relevance of an Historical Inquiry.- 2. Germany: Development of Property Protection Under a Constitution.- 2.1. Historical Background of article 14 GG.- 2.1.1. First Attempts at Constitutional Protection of Property.- 2.1.2. Property Protection in the Weimar Republic and Under National-Socialism.- 2.1.3. Circumstances Influencing the Drafting of article 14 GG.- 2.1.4. Constitutional Property Protection in a Reunified Germany.- 2.2. Relevance of article 14 GG for the German Property Order.- 3. South Africa: Negotiating a Constitutional Property Clause.- 3.1. Historical Background to the Property Clauses.- 3.1.1. The Inclusion of a Property Guarantee in the Constitution.- 3.1.2. Compromises Incorporated in Section 28 IC and Section 25 FC.- 3.1.3 Certification of Section 25 FC.- 3.2. Relevance of the Constitutional Property Clauses for the South African Property Order.- 4. Constitutionalism and Socio-economic Needs.- 5: Structure of the Constitutional Protection and Regulation of Property in Germany and South Africa.- 1. External Aspects of the Constitutional Property Clauses.- 2. "Positive" and "Negative" Guarantees.- 2.1. The German Property Guarantee.- 2.2 The South African Property Guarantees.- 2.2.1. Section 28 IC.- 2.2.2. Section 25 FC.- 2.3. Legal-comparative Evaluation.- 3. Basic Structure of an Inquiry into the Constitutional Property Clause.- 3.1. Structure of Human Rights Litigation in General.- 3.2. Substantive Issues Relating to the Property Clause.- 3.2.1. Claims Arising from the Constitutional Property Clause.- 3.2.1.1. The Claim to Have Property.- 3.2.1.2. Eligibility to Hold Property.- 3.2.1.3. Insulation of Private Property from State Interference.- 3.2.1.4. Immunity against Uncompensated Expropriation.- 3.2.2. Stages of Inquiries Based on the Constitutional Property Clause.- 3.2.2.1. Inquiries into the Constitutional Validity of an Interference with Property.- 3.2.2.1.1. "Threshold Question".- 3.2.2.1.2. Infringement Question.- 3.2.2.1.3. Justifiability.- 3.2.2.2. Inquiries Regarding the Payment of Compensation.- 3.2.3. Summary: Object of Protection and Nature of Limitation.- 3.3. The Structure of the Judicial System and its Relevance for a Constitutional Property Inquiry.- 3.3.1. The South African Judicia...

Potestas Alienandi

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Author : Javier Esteban Rodríguez Diez
language : en
Publisher:
Release Date : 2016

Potestas Alienandi written by Javier Esteban Rodríguez Diez and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Transfer (Law) categories.

The transfer of ownership by a non-owner is a common situation in everyday commercial practice. However, the dogmatic framework surrounding it has often led to controversy when studying both Roman and modern private law. Key to this controversy is the introduction by German scholars, in the course of the 19th century, of the notion of 'direct representation' in order to approach the transfer of ownership by a non-owner. Regarding the study of Roman law, this involved assuming the existence of a primitive prohibition to alienate through a non-owner, since 'direct representation' was seen as a later innovation. This starting point had a decisive effect on the study of the transfer of ownership by a non-owner in Roman law, particularly concerning the significance of the voluntas domini, the way in which legal guardians alienate, the scope of praetorian innovations, the possibility to transfer ownership through formal acts, and the role of the nemo plus rule. Regarding modern private law, this starting point has brought along a radical distinction based on whether the alienation takes place in the context of direct representation or not. This book attempts to offer a fresh view through a source-oriented approach in order to provide an outlook on the evolution of the transfer of ownership by a non-owner in Roman law, as well as the dogmatic and systematic standpoints among the jurists of the ius commune. Special attention is dedicated to the innovations of German scholarship, due to their significance for the study both of Roman law and for the evolution of modern private law. Dissertation [Subject: Private Law, Commercial Law]

Owners And Neighbours In Roman Law

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Author : Alan Rodger
language : en
Publisher: Oxford University Press, USA
Release Date : 1972

Owners And Neighbours In Roman Law written by Alan Rodger and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Law categories.

The Law Of Property In The Later Roman Republic

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Author : Alan Watson
language : en
Publisher:
Release Date : 1968

The Law Of Property In The Later Roman Republic written by Alan Watson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with categories.

The Roman Law Of Property And Obligations

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Author : David Pugsley
language : en
Publisher:
Release Date : 1972

The Roman Law Of Property And Obligations written by David Pugsley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Obligations categories.

Borkowski S Textbook On Roman Law

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Author : Paul J. du Plessis
language : en
Publisher: Oxford University Press, USA
Release Date : 2020

Borkowski S Textbook On Roman Law written by Paul J. du Plessis and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Roman law categories.

Borkowski's Textbook on Roman Law provides a thorough and engaging overview of Roman private law and civil procedure. It is the ideal course companion for undergraduate Roman law courses, combining clear, comprehensible language and a wide range of supportive learning features with the most important sources of Roman law.