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 |
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
Title | Security and Credit in Roman Law PDF eBook |
Author | H. L. E. Verhagen |
Publisher | |
Pages | 0 |
Release | 2022 |
Genre | Credit |
ISBN | 9780191841811 |
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
Title | Roman Law & Comparative Law PDF eBook |
Author | Alan Watson |
Publisher | University of Georgia Press |
Pages | 353 |
Release | 1991 |
Genre | Law |
ISBN | 0820312614 |
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
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 |
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
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 |
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 |
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
Title | The Twelve Tables PDF eBook |
Author | Anonymous |
Publisher | Good Press |
Pages | 48 |
Release | 2019-12-05 |
Genre | Law |
ISBN |
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.