The Digest of Justinian.

1988 ◽  
Vol 19 (3) ◽  
pp. 498 ◽  
Author(s):  
H. C. Erik Midelfort ◽  
Alan Watson ◽  
Theodor Mommsen
Keyword(s):  
Digest Of Justinian

scholarly journals WIRTBARKEIT: COSMOPOLITAN RIGHT AND INNKEEPING

Legal Theory ◽  
2018 ◽  
Vol 24 (3) ◽  
pp. 159-190
Author(s):  
Aravind Ganesh
Keyword(s):  
Legal Obligation ◽  
Private Law ◽  
Public Officials ◽  
Philosophical Debate ◽  
Perpetual Peace ◽  
Resource Distributions ◽  
Digest Of Justinian

ABSTRACTAfter defining Cosmopolitan Right as being limited to the conditions of “hospitality,” Kant includes “Wirtbarkeit” in brackets, a word that connotes innkeeping. Moreover, significant similarities obtain between the relevant passages of the Perpetual Peace and those of the Digest of Justinian on the obligations of ships’ masters, innkeepers, and stable keepers. Unlike for ordinary householders, hospitality for innkeepers is a legal obligation, not a matter of philanthropy: they have traditionally been deemed public officials with limited discretion to refuse travelers, and as fiduciaries of their guests strictly liable for losses to their property. This article attempts to explain Kant's concept of Cosmopolitan Right by analogy to the private law of innkeeping, and ultimately engages in the central philosophical debate about Cosmopolitan Right by accounting for Cosmopolitan Right solely from the “innate” right to freedom, rather than from “acquired” facts such as land or resource distributions or historical injustices.

scholarly journals Consideraciones casuísticas acerca de la noción de combustible en la jurisprudencia romana

2012 ◽  
Author(s):  
Marta-Natalia López Gálvez
Keyword(s):  
Legal Concept ◽  
The Moment ◽  
Digest Of Justinian

En el presente trabajo se parte del examen de la etimología del término combustible y de su precedente semántico en Roma. Se analiza su noción en relación con el concepto de leña a propósito del contenido de un legado de este carácter, y se pretende determinar qué se consideró como leña para quemar y cuáles fueron sus utilidades en el marco de la casuística jurisprudencial, desde los llamados veteres en tiempos de la república hasta la disposición de la noción de leña bajo el título ‘De verborum significatione’ del Digesto de Justiniano. Con ello se examinan los criterios que fueron progresivamente usados para delimitar el concepto jurídico de leña, y se trazan posibles semejanzas con otros términos de cuño moderno como el de biomasa.This paper is part with the examination of the etymology the term fuel and its semantic precedent in Rome. It is mainly dicussed fuel about the content of a legate of wood, and also it is intended to determine what was considered a fuel object –with the utility wich presents– in the scope of casuistry jurisprudence since veteres from the republican times until the moment this notion is settled under the title ‘De verborum significatione’ in the Digest of Justinian. It is studied the criteria that were being used increasingly to define the legal concept, and drawing possible similarities with other modern coined terms as the biomass.

scholarly journals Legal comparative analysis of the Roman societas and the contemporary civil law partnership in Polish and German law

2018 ◽  
Vol 22 (2) ◽  
pp. 29-34
Author(s):  
Cezary August Małozięć
Keyword(s):  
Comparative Analysis ◽  
Civil Law ◽  
German Law ◽  
Common Origin ◽  
Legal Systems ◽  
External Relations ◽  
Similarities And Differences ◽  
Civil Codes ◽  
Digest Of Justinian

The paper presents legal comparative analysis of the Roman societas and the contemporary civil law partnership in Polish and German law. The author analyses the origins and essence of a civil law partnership, then describes similarities and differences of internal and external relations between the partners of a civil law partnership. The analyzed sources are: the Institutes of Gaius, the Digest of Justinian, and Polish and German Civil Codes. The author stresses that the structure of the contemporary civil law partnership in Polish and German legal systems is still very similar to the Roman societas, mainly because of its common origin.

Justinian and the Freedom of the Sea

1925 ◽  
Vol 19 (4) ◽  
pp. 716-727 ◽  
Author(s):  
Percy Thomas Fenn
Keyword(s):  
Roman Empire ◽  
Legal Status ◽  
Legal Theory ◽  
Early Years ◽  
Second Century ◽  
Sixth Century ◽  
Written Form ◽  
The Common ◽  
The Right ◽  
Digest Of Justinian

The text of the jurist Marcianus, preserved in the Digest of Justinian, is the first formal pronouncement in recorded legal theory on the legal status of the sea and on the right of men to use the sea and its products. It is stated that the sea and its coasts are common to all men. Since Marcianus lived in the early years of the second century of the Christian era, it follows that this doctrine was known in a written form at least as early as the beginning of the second century. Since, further, Marcianus belonged to that class of jurists the official pronouncements of which were recognized as being statements of the law, it follows that the doctrine of the common right of all men to a free use of the sea was a law of the Roman Empire at the beginning of the second century, although this law was not put in a codified form until the sixth century.

A Casebook on the Roman Law of Contracts

2021 ◽  
Author(s):  
Bruce W. Frier
Keyword(s):  
Roman Law ◽  
Private Law ◽  
Legal Thinking ◽  
The Law ◽  
Unjustified Enrichment ◽  
Digest Of Justinian

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 and contract-related issues are discussed, as well as Roman legal thinking on unjustified enrichment.

scholarly journals Římskoprávní kořeny zákonodárství krále Kentu Æthelberhta

2021 ◽  
Vol 51 (3) ◽  
pp. 71-83
Author(s):  
Marie Šmejkalová
Keyword(s):  
Historical Context ◽  
Seventh Century ◽  
Roman Law ◽  
Anglo Saxon ◽  
Secondary Sources ◽  
Wide Range ◽  
Introductory Part ◽  
Digest Of Justinian

The article focuses on the Æthelberht’s Law Code from the beginning of the seventh century as it aims to analyse Roman law roots of Æthelberht’s legislation. A wide range of primary and secondary sources (both domestic and foreign) is used for the analysis. The introductory part of the paper provides broader historical context with an emphasis on king Æthelberht himself as well as on a description of his law code. Furthermore, the work analyses the Roman law roots of the Code by not only using The Digest of Justinian, The Institutes of Justinian but also the first known written source of Roman law – Lex Duodecim Tabularum. Additionally, a comparison of Frankish Lex Salica and Æthelberht’s Code is presented. The author aims to prove that the Anglo-Saxon law codes were, in fact, influenced by the Roman law.

ROMAN LAW AS THE BASIS OF LEGAL KNOWLEDGE ABOUT APPEAL IN CIVIL CASES

2021 ◽  
Vol 11 (2) ◽  
pp. 80-110
Author(s):  
E.A. BORISOVA
Keyword(s):  
Roman Law ◽  
Appellate Court ◽  
Legal Knowledge ◽  
Goal Ambiguity ◽  
Civil Proceedings ◽  
Court Proceedings ◽  
Appeal Process ◽  
The Right ◽  
Judicial Protection ◽  
Digest Of Justinian

Appeal as a guarantee of the right to judicial protection, appeared and took shape in the Roman civil procedure. Thanks to the reception of the Roman law the achievements in the field of appeal were adopted by the European legal system, which allowed to create a unified basis for the legislative appearance of the right to appeal a court decision and proceedings in the appellate court. Since the beginning of the twentieth century, as part of the widespread reform of civil proceedings, changes have been made in the appeal process. Many of them are in line with the provisions of the Roman sources of law – the Digest of Justinian and the Code of Justinian. Legislative regulation of Russian civil appeals is characterized by goal ambiguity, which negatively affects the quality of judicial protection and necessitates changes. The experience of Roman appeal allows to answer topical issues of appellate procedure, to determine the vector of development of the appellate court proceedings. The article proves that the source of legal knowledge about civil appeal is corresponding regulations of Justinian’s Code and provisions of Digest of Justinian.

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