Security and Credit in Roman Law

Security and Credit in Roman Law
Title Security and Credit in Roman Law PDF eBook
Author Hendrik L. E. Verhagen
Publisher Oxford University Press
Pages 447
Release 2022-09-05
Genre Law
ISBN 0192524321

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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.

Security and Credit in Roman Law

Security and Credit in Roman Law
Title Security and Credit in Roman Law PDF eBook
Author H. L. E. Verhagen
Publisher
Pages 0
Release 2022
Genre Credit
ISBN 9780191841811

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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.

Roman Law & Comparative Law

Roman Law & Comparative Law
Title Roman Law & Comparative Law PDF eBook
Author Alan Watson
Publisher University of Georgia Press
Pages 353
Release 1991
Genre Law
ISBN 0820312614

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Provides a comprehensive description of the system of Roman law, discussing slavery, property, contracts, delicts and succession. Also examines the ways in which Roman law influenced later legal systems such as the structure of European legal systems, tort law in the French civil code, differences between contract law in France and Germany, parameters of judicial reasoning, feudal law, and the interests of governments in making and communicating law.

Roman Law and the Legal World of the Romans

Roman Law and the Legal World of the Romans
Title Roman Law and the Legal World of the Romans PDF eBook
Author Andrew M. Riggsby
Publisher Cambridge University Press
Pages 295
Release 2010-06-14
Genre History
ISBN 052168711X

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Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.

A Text-book of Roman Law from Augustus to Justinian

A Text-book of Roman Law from Augustus to Justinian
Title A Text-book of Roman Law from Augustus to Justinian PDF eBook
Author William Warwick Buckland
Publisher
Pages 782
Release 1921
Genre Roman law
ISBN

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Roman Law and the Origins of the Civil Law Tradition

Roman Law and the Origins of the Civil Law Tradition
Title Roman Law and the Origins of the Civil Law Tradition PDF eBook
Author George Mousourakis
Publisher Springer
Pages 339
Release 2014-12-02
Genre Law
ISBN 3319122681

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This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.

The Twelve Tables

The Twelve Tables
Title The Twelve Tables PDF eBook
Author Anonymous
Publisher Good Press
Pages 48
Release 2019-12-05
Genre Law
ISBN

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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.