By John Jr. Cairns, Olivia Robinson

ISBN-10: 1841131571

ISBN-13: 9781841131573

ISBN-10: 1847310257

ISBN-13: 9781847310255

This crucial number of essays is on the innovative of latest learn on Roman legislations, comparative legislation, and felony heritage. The overseas and extraordinary workforce of authors tackle one of the most vigorous modern difficulties of their respective fields, and supply new views and insights in a variety of parts. With an organization 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 attorneys. The publication 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 often put up in English. This fully-indexed quantity might be of curiosity to all students and scholars of Roman legislations, historic Jewish and chinese language legislations, felony heritage and comparative legislations, and should be worthy for instructing and examine in those fields.

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Extra resources for Critical Studies in Ancient Law, Comparative Law and Legal History

Sample text

7, 38–44. 20 J L Barton A purchase of a thing which the buyer knew not to be the property of the seller was a perfectly legal and might well be a perfectly honest bargain, but the buyer would not be a purchaser in good faith in the eye of the law though he believed that the seller had acquired the thing from its owner before he delivered it, and though usucapion would have run in his favour had he stipulated for the same thing in the same circumstances. Since this distinction must be deemed to be founded upon some reason, it must be assumed that it was permissible to stipulate for goods which did not belong to the promissor, but that the law disapproved a purchase of goods which did not belong to the seller, though it did not actually forbid it.

Or by reason of noxal surrender, whether the cause be true or false”] (D. 5, Ulpian 16 ad edictum) There is therefore no reason to suspect that there are no earlier references to usucapion pro soluto in our surviving texts because the compilers have suppressed them. 8 If it were settled by the time that Paul was writing that usucapion ran in favour of the payee of an indebitum, but anything given in payment might be said without any impropriety of language to be solutum, it was possible to avoid admitting, verbally at least, that this was a case in which a title which the payee thought to be true might be sufficient by holding solutio a distinct title.

Watson states47 that it was only Ulpian who permitted this. Sturm48 suggested that Ulpian considered something as certain which Sabinus had still regarded as questionable. The wording of Ulpian’s assertion in D. 7: Sane et sic acceptilatio fieri potest. , show that there was no longer any doubt about permitting the dialogue reported in the text. As Gaius (G. 85) still wrote that the creditor must admit that he received performance, my supposition is that the new wording was accepted at the end of the second century AD.

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Critical Studies in Ancient Law, Comparative Law and Legal History by John Jr. Cairns, Olivia Robinson

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