By John Jr. Cairns, Olivia Robinson
This crucial choice of essays is on the innovative of up to date study on Roman legislation, comparative legislations, and criminal background. The overseas and uncommon staff of authors deal with the most vigorous modern difficulties of their respective fields, and supply new views and insights in a variety of components. With an organization concentrate on texts and contexts, the papers come jointly to supply a coherent quantity devoted to one of many maximum modern Romanists, criminal historians and comparative attorneys. The ebook covers Professor Watson's major fields of curiosity in a transparent and obtainable shape, whereas additionally making on hand the scholarship of a few people who don't regularly submit in English. This fully-indexed quantity could be of curiosity to all students and scholars of Roman legislation, historic Jewish and chinese language legislation, criminal background and comparative legislations, and should be precious for instructing and examine in those fields.
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Additional info for Critical Studies in Ancient Law, Comparative Law and Legal History
21: “Per manus iniectionem aeque 〈de〉 his rebus agebatur, de quibus ut ita ageretur lege aliqua cautum est, veluti iudicati lege XII tabularum . . 22. Postea quaedam leges ex aliis quibusdam causis pro iudicato manus iniectionem in quosdam dederunt . . 23. Sed aliae leges in quibusdam causis constituerunt quasdam actiones per manus iniectionem, sed puram, id est non pro iudicato”. [“An action by manus iniectio was likewise brought in those matters where such procedure had been provided by a statute, for instance, by the XII Tables for a judgment debt .
3 Actor and Defendant in Negatoria Servitutis L CAPOGROSSI COLOGNESI (ROME) It is well known that both Savigny and Niebuhr associated the origin of the interdictum uti possidetis with the need to give some protection to the possessores of ager publicus. Recently, a young Italian scholar, G Falcone, analysed the question and proposed a new, very interesting interpretation of the uti possidetis as part of a procedure analogous to the structure of the legis actio sacramento in rem. 1 Falcone has thus attempted to resolve the problem concerning the fact that we are informed by both Gaius and Ulpian of the duplex character of uti possidetis.
These five were: (1) there had to be spoken words; (2) there had to be a question by the debtor followed by an answer by the creditor; (3) question and answer had to correspond formally; (4) unitas actus was imposed;59 and (5) creditor and debtor had to be present at the same place at the moment of the act. As with stipulatio, the sollemnitas verborum was the most characteristic for52 See, on the meaning of this word, Heumann-Seckel, reference required here, 543: “sollemniter, in förmlicher Weise, den Vorschriften des Rechts, insbes.