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Author: H. L. E. Verhagen Publisher: ISBN: 9780191841811 Category : Credit Languages : en Pages : 0
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
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
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: Giuseppe Dari-Mattiacci Publisher: Oxford University Press, USA ISBN: 0198787200 Category : Business & Economics Languages : en Pages : 368
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: Anonymous Publisher: Good Press ISBN: Category : Law Languages : en Pages : 48
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: Raymond Westbrook Publisher: BRILL ISBN: 9789004121249 Category : Law Languages : en Pages : 376
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: Gaius Publisher: Jazzybee Verlag ISBN: 3849654109 Category : Law Languages : en Pages : 708
Book Description
The Institutes are a complete exposition of the elements of Roman law and are divided into four books—the first treating of persons and the differences of the status they may occupy in the eye of the law; the second-of things, and the modes in which rights over them may be acquired, including the law relating to wills; the third of intestate succession and of obligations; the fourth of actions and their forms. For many centuries they had been the familiar textbook of all students of Roman law.
Author: H. L. E. Verhagen
Author: H. L. E. Verhagen
Author: Hendrik L. E. Verhagen
Author: Giuseppe Dari-Mattiacci
Author: Anonymous
Author: Andrew M. Riggsby
Author: Raymond Westbrook
Author: Pandias Michael Schizas
Author: William Warwick Buckland
Author: Friedrich Karl von Savigny
Author: Gaius