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Author: H. L. E. Verhagen
Publisher:
ISBN: 9780191841811
Category : Credit
Languages : en
Pages : 0
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Book Description
The author outlines the legal history of the concepts of pignus and hypotheca in terms of an iterative relationship between transactional lawyers and Roman jurisprudence. The evolution of the Roman law of real security is reconstructed, with reference to actual banking practices documented from sources such as the archive of the Sulpicii.
Author: H. L. E. Verhagen
Publisher:
ISBN: 9780191841811
Category : Credit
Languages : en
Pages : 0
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Book Description
The author outlines the legal history of the concepts of pignus and hypotheca in terms of an iterative relationship between transactional lawyers and Roman jurisprudence. The evolution of the Roman law of real security is reconstructed, with reference to actual banking practices documented from sources such as the archive of the Sulpicii.
Author: Hendrik L. E. Verhagen
Publisher: Oxford University Press
ISBN: 0192524321
Category : Law
Languages : en
Pages : 447
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Book Description
There are no legal institutions other than pignus and hypotheca (i.e. mortgage) where the formative effect of legal practice can be so clearly observed. Security and Credit in Roman Law outlines the legal history of these institutions in terms of an iterative relationship between transactional lawyers drafting legal transactions and Roman jurisprudence deploying its analytical skills in order to accommodate new transactional practices into the Roman legal system. The evolution of the Roman law of real security, well known through the legal sources (Justinian's Digest and Code), is reconstructed, while matching it with actual banking practices, in particular the secured lending transactions documented in the archive of the Sulpicii. In the late classical period the imperial chancery increasingly interfered with it in order to provide a considerable degree of protection to debtors. The (largely but certainly not completely) spontaneous evolution of Roman law produced a law of secured transactions which was highly sophisticated and versatile, allowing non-possessory security, multiple charges, pledges of receivables, antichretic pledges, and even floating charges over a dynamic fund of assets. Since legal systems often adapt in reaction to impulses from their economic environment, the complexity of the Roman law of real security indicates that pignus and hypotheca did play a significant role in the Roman economy. It will be shown that this role was generally a positive one. Its main weaknesses were lack of publicity and the presence of fiscal charges: even these weaknesses did not undermine the effectiveness of secured transactions.
Author: Anonymous
Publisher: Good Press
ISBN:
Category : Law
Languages : en
Pages : 48
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Book Description
This book presents the legislation that formed the basis of Roman law - The Laws of the Twelve Tables. These laws, formally promulgated in 449 BC, consolidated earlier traditions and established enduring rights and duties of Roman citizens. The Tables were created in response to agitation by the plebeian class, who had previously been excluded from the higher benefits of the Republic. Despite previously being unwritten and exclusively interpreted by upper-class priests, the Tables became highly regarded and formed the basis of Roman law for a thousand years. This comprehensive sequence of definitions of private rights and procedures, although highly specific and diverse, provided a foundation for the enduring legal system of the Roman Empire.
Author: Andrew M. Riggsby
Publisher: Cambridge University Press
ISBN: 052168711X
Category : History
Languages : en
Pages : 295
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Book Description
Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.
Author: Raymond Westbrook
Publisher: BRILL
ISBN: 9789004121249
Category : Law
Languages : en
Pages : 376
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Book Description
A survey by twelve leading experts of the types of security available to creditors in the earliest recorded legal systems, and of the ways in which the law sought to satisfy the conflicting interests of creditors and debtors.
Author: Pandias Michael Schizas
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 274
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Book Description
Author: Friedrich Karl von Savigny
Publisher:
ISBN:
Category :
Languages : en
Pages : 192
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Book Description
Author: Giuseppe Dari-Mattiacci
Publisher: Oxford University Press, USA
ISBN: 0198787200
Category : Business & Economics
Languages : en
Pages : 368
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Book Description
The economic analysis of Roman law has enormous potential to illuminate the origins of Roman legal institutions in response to changes in the economic activities that they regulated. These two volumes combine approaches from legal history and economic history with methods borrowed from economics to offer a new interdisciplinary approach.
Author: Peter Stein
Publisher: Cambridge University Press
ISBN: 9780521643795
Category : History
Languages : en
Pages : 152
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Book Description
How Roman law has influenced European legal and political thought from antiquity to the present day.
Author: Peter Birks
Publisher: OUP Oxford
ISBN: 0191030015
Category : Law
Languages : en
Pages : 257
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Book Description
The Roman Law of Obligations presents a series of lectures delivered by the late Peter Birks as an introductory course in Roman law. Discovered in complete manuscript form following his death, the lectures are published here in paperback for the first time. The lectures present a clear conceptual map of the Roman law of obligations, guiding readers through the institutional structure of contract, delict, quasi-contract, and quasi-delict. They introduce readers to the terminology needed to understand the foundations of Roman law, and the conceptual framework of the law of obligations that left an enduring legacy on European private law. The lectures offer an invaluable introduction to Roman private law for those coming to the subject for the first time. They will also make stimulating reading for academics and lawyers interested in Roman law, European legal history, and the lasting influence of Roman law on modern private law.
