A Casebook on the Roman Law of Contracts PDF Download
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Author: Bruce W. Frier
Publisher: Oxford University Press, USA
ISBN: 9780197573228
Category : History
Languages : en
Pages : 544
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Book Description
"This casebook explores the writings of Roman lawyers on the law of contracts, a rich and hugely influential area of Roman private law. The 235 "Cases" are actual texts deriving, for the most part, from the Digest of Justinian (535 CE), but written hundreds of years earlier during the Classical era of Roman law. These Cases give a fairly complete view of the concepts and methods used to create rules and judge contract cases in Roman courts. The casebook concentrates especially on two central Roman contracts, stipulation and sale; but all other contracts are discussed, as well as Roman legal thinking on unjustified enrichment"--
Author: Bruce W. Frier
Publisher: Oxford University Press, USA
ISBN: 9780197573228
Category : History
Languages : en
Pages : 544
Get Book Here
Book Description
"This casebook explores the writings of Roman lawyers on the law of contracts, a rich and hugely influential area of Roman private law. The 235 "Cases" are actual texts deriving, for the most part, from the Digest of Justinian (535 CE), but written hundreds of years earlier during the Classical era of Roman law. These Cases give a fairly complete view of the concepts and methods used to create rules and judge contract cases in Roman courts. The casebook concentrates especially on two central Roman contracts, stipulation and sale; but all other contracts are discussed, as well as Roman legal thinking on unjustified enrichment"--
Author: Bruce W. Frier
Publisher: Oxford University Press
ISBN: 019757324X
Category : History
Languages : en
Pages : 538
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Book Description
Roman contract law has profoundly influenced subsequent legal systems throughout the world, but is inarguably an important subject in its own right. This casebook introduces students to the rich body of Roman law concerning contracts between private individuals. In order to bring out the intricacy of Roman contract law, the casebook employs the case-law method--actual Roman texts, drawn from Justinian's Digest and other sources, are presented both in Latin and English, along with introductions and discussions that fill out the background of the cases and explore related legal issues. This method reflects the casuistic practices of the jurists themselves: concentrating on the fact-rich environment in which contracts are made and enforced, while never losing sight of the broader principles upon which the jurists constructed the law. The casebook concentrates especially on stipulation and sale, which are particularly well represented in surviving sources. Beyond these and other standard contracts, the book also has chapters on the capacity to contract, the creation of third-party rights and duties, and the main forms of unjustified enrichment. What students can hope to learn from this casebook is not only the general outlines and details of Roman contract law, but also how the jurists developed such law out of rudimentary civil procedures. An online teacher's manual is available for instructors; to access it, see page xxi of the Casebook.
Author: Marco J. Jimenez
Publisher: Aspen Publishing
ISBN: 1543821766
Category : Law
Languages : en
Pages : 1432
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Book Description
Contract Law: A Case & Problem-Based Approach is a unique casebook that provides an organizational structure introducing students to each major area of contract law before exploring these areas in greater depth later in the casebook. Specifically, the casebook is broken into three major parts, each of which is designed not only to orient the students to the major subject areas of contract law but also meant to help them appreciate the connections and relationships between and among these various subject areas. Part I, the “30,000-foot view,” familiarizes students with contract law, discusses the sorts of problems with which contract law is concerned, and introduces them to some of the basic rules and theories governing contract law. Part II, the “10,000-foot view,” exposes students to each major substantive area of contract law in more depth by discussing one classic case in each area, along with additional historical, theoretical, and contextual materials to supplement the black-letter doctrine. After finishing Parts I and II, the student will have a basic understanding of each major area of contract law, along with a good understanding of how these parts fit together. Part III is therefore designed to explore each of the major subject areas in greater depth, and is organized along the lines of a traditional contracts casebook, including a healthy mix of classic and modern cases, short problems, and exercises. New to the Second Edition: Additional materials and cases added to explore the contract doctrines of impossibility and impracticability in light of past and current epidemics (in the case of polio) and pandemics (in the case of COVID-19). Additional case added to explore the relationship between Contract Law, Civil Rights, and Constitutional Law. Reorganization of some materials in Chapter 8 (defenses). More focused notes and appendices Professors and student will benefit from: Organization exposes students to main concepts, and gives professors a number of choices about how to teach their course. Helpful doctrinal introductions to each new major substantive section. Historical, theoretical, and comparative materials are presented to help students understand and think critically about the black-letter rules. “Thinking tools” feature that helps the student think critically about the law, along with theoretical, historical, doctrinal, contextual, and practice-oriented notes enrich the students’ black-letter experience. Enjoyable, contextual materials that are included after a number of classic cases help to bring to light fascinating background information.
Author: Bruce W. Frier
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296
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Book Description
This casebook is designed to introduce the Roman law concerning delicts, private wrongs which broadly resemble torts in Anglo-American law. The Roman law of delict is unusually interesting, since many basic Roman principles of delict are still prominent in modern legal systems, while other Roman principles offer sharp and important contrasts with modern ideas. The influence of Roman law has been especially strong in the Civil Law systems of Continental Europe and its former dependencies, since these systems derive many basic principles from Roman law; but Roman influence on Anglo-American law has also been appreciable in some areas, although not usually in tort. A casebook relies on direct use of primary sources in order to convey a clear understanding of what legal sources are like and how lawyers work. For Roman law, the primary sources are above all the writings of the early imperial Roman jurists. Almost all their writings date to the classical period of Roman law, approximately 30 B.C. to A.D. 235 The 171 Cases in this book all derive from the writings of pre-classical and classical jurists.
Author: Robert S. Summers
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1140
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Book Description
This casebook focuses not only on the rules and principles of contract law, but also on the lawyer's role in planning and drafting contracts and on the richness of contract theory. It has comprehensive coverage of contract law and related obligation, the latter including promissory estoppel, restitution, and tort arising in the contract setting. This book is primarily a case book designed to help students develop important analytical and critical skills, but also has ample notes, problems, and excerpts that focus on the nature, function, and limits of contract and related law. Features of the new Fifth Edition include: several recent cases that bring important issues up to date; new notes and comments about recent developments in contract law and recent contract controversies in the news; and new excerpts from the secondary literature focusing on major recent developments.
Author: Thomas McGinn
Publisher: University of Michigan Press
ISBN: 047202857X
Category : History
Languages : en
Pages : 615
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Book Description
Long a major element of classical studies, the examination of the laws of the ancient Romans has gained momentum in recent years as interdisciplinary work in legal studies has spread. Two resulting issues have arisen, on one hand concerning Roman laws as intellectual achievements and historical artifacts, and on the other about how we should consequently conceptualize Roman law. Drawn from a conference convened by the volume's editor at the American Academy in Rome addressing these concerns and others, this volume investigates in detail the Roman law of obligations—a subset of private law—together with its subordinate fields, contracts and delicts (torts). A centuries-old and highly influential discipline, Roman law has traditionally been studied in the context of law schools, rather than humanities faculties. This book opens a window on that world. Roman law, despite intense interest in the United States and elsewhere in the English-speaking world, remains largely a continental European enterprise in terms of scholarly publications and access to such publications. This volume offers a collection of specialist essays by leading scholars Nikolaus Benke, Cosimo Cascione, Maria Floriana Cursi, Paul du Plessis, Roberto Fiori, Dennis Kehoe, Carla Masi Doria, Ernest Metzger, Federico Procchi, J. Michael Rainer, Salvo Randazzo, and Bernard Stolte, many of whom have not published before in English, as well as opening and concluding chapters by editor Thomas A. J. McGinn.
Author: Cynthia Jordan Bannon
Publisher:
ISBN: 9780472132072
Category : Riparian rights (Roman law).
Languages : en
Pages : 0
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Book Description
Engaging study of key issues in Roman water regulation from legal and environmental history, both ancient and modern.
Author: Paul J. du Plessis
Publisher:
ISBN: 0198736223
Category : Law
Languages : en
Pages : 457
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Book Description
Borkowski's Textbook on Roman Law is the leading textbook in the field of Roman law, and has been written with undergraduate students firmly in mind. The book provides an accessible and highly engaging account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations. The author sets the law in its social and historical context, and demonstrates the impact of Roman law on our modern legal systems. For the fifth edition, Paul du Plessis has included references to a wide range of scholarly texts, to ground his judicious account of Roman law firmly in contemporary scholarship. He has also added examples from legal practice, as well as truncated timelines at the start of each chapter to illustrate how the law developed over time. The book contains a wealth of learning features, including chapter summaries, diagrams and maps. A major feature of the book is the inclusion throughout of extracts in translation from the most important sources of Roman law: the Digest and the Institutes of Justinian. Annotated further reading sections at the end of each chapter act as a guide to further enquiry. Online Resource Centre The book is accompanied by an extensive Online Resource Centre, containing the following resources: -Self-test multiple choice questions -Interactive timeline -Biographies of key figures -Glossary of Latin terms -Annotated web links -Original Latin versions of the extracts from the Digest and the Institutes of Justinian -Examples of textual analysis of Roman law texts -Guide to the literature and sources of Roman law
Author: Bruce W. Frier
Publisher:
ISBN: 0521196825
Category : History
Languages : en
Pages : 3364
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Book Description
The first reliable annotated English translation, with original texts, of one of the central sources of the Western legal tradition.
Author: Reinhard Zimmermann
Publisher: Cambridge University Press
ISBN: 9780521771900
Category : Law
Languages : en
Pages : 762
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Book Description
For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.
