Relevant bibliographies by topics / Prescription (Roman law)

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  2. Dissertations / Theses
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  4. Book chapters

Academic literature on the topic 'Prescription (Roman law)'

Author: Grafiati
Published: 4 June 2021
Last updated: 30 July 2024

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Journal articles on the topic "Prescription (Roman law)"

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Lehne-Gstreinthaler, Christine. "Zu den klassischen Ursprüngen des Verjährungsrechts." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 137, no. 1 (2020): 136–72. http://dx.doi.org/10.1515/zrgr-2020-0004.

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AbstractThe Roots of Prescription in Classical Roman Law: While it is widely presumed that prescription did not exist in Classical Roman Law, the author intends to show that, within certain areas of law, prescription was already in existence in Augustan times. The praescriptio temporis was used in penal and civil procedure alike and was submitted during preliminary proceedings. The most prominent prescription, the praescriptio longi temporis, stemmed from Roman fiscal law and potentially originated in Flavian times.
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Szuber-Bednarz, Ewa Tamara. "Społeczny wymiar skutków prawnych zasiedzenia." Przegląd Politologiczny, no. 4 (November 2, 2018): 145–52. http://dx.doi.org/10.14746/pp.2012.17.4.10.

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Acquisitive prescription is one of those constructions of civil law that are supposed to stabilize socio-economic turnover as well as govern legal transactions. To comprehensively define the issue of the consequences of acquisitive prescription it is necessary to refer to the institution of praescriptio, a legal construction characteristic of classic Roman law which is increasingly more often found in national laws. Legal constructions that are of significant importance for the members of state communities are characterized by their universality. Universality is about specific features that ca
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Lesaffer, R. "Argument from Roman Law in Current International Law: Occupation and Acquisitive Prescription." European Journal of International Law 16, no. 1 (2005): 25–58. http://dx.doi.org/10.1093/ejil/chi102.

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4

Stolarski, Kamil. "Just Title as Justification for Acquisitive Prescription: Global Discussion and Roman Legal Roots." Zbornik Pravnog fakulteta u Zagrebu 73, no. 6 (2024): 1157–83. http://dx.doi.org/10.3935/zpfz.73.6.05.

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There are statements in contemporary legal discussion that undermine the legitimacy of maintaining the institution of usucaption in specific legal orders. It is uncertain if there is any justification for acquisitive prescription at all. European law experience is also familiar with this discussion. The institution of usucaption is not a uniform concept – there are many variants in different countries. Are we really talking about one institution or different ones, depending on the existence of one prerequisite or another? One of the prerequisites for acquisitive prescription, not present in ev
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Pjetri, Ana. "Prescription: Types, Prescription Deadline and the Legal Consequences of Prescription." SEEU Review 19, no. 1 (2024): 187–200. http://dx.doi.org/10.2478/seeur-2024-0036.

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Abstract Prescription as an institution of law throughout the history of its development from the Roman era to the present day has reflected the development of economic relations in society, thus serving the security and clarity of legal-civil relations. If the legal relations of the civil circulation due to the inaction of the holders of subjective rights would remain in a state of uncertainty or a prolonged wait, this would cause negative consequences for third parties if it were not for the prescription institute. Given that this institute expresses the important principle that legal-civil
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Rudokvas, Anton D., and Andrew J. M. Steven. "Acquisitive Prescription of Moveable Property under Russian Law." Edinburgh Law Review 26, no. 2 (2022): 194–218. http://dx.doi.org/10.3366/elr.2022.0760.

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Amid the welcome increase in comparative property law scholarship of recent times, particularly in Europe, Russia has been somewhat neglected. This article seeks to provide a start in bringing the rules and policy choices of Russian property law to the attention of an English-language readership. Its subject is acquisitive prescription of moveable property. Here the law as set out in the Russian Civil Code has been the subject of a series of court decisions. The principal analytical instrument chosen to act as a comparator is the Scottish Law Commission’s Report on Prescription and Title to Mo
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Zadorozhny, Yuriy, and Galina Zadorozhnya. "The principle of bona fides: from the doctrine of Roman law to national justice." Slovo of the National School of Judges of Ukraine, no. 1(42) (September 4, 2023): 22–29. http://dx.doi.org/10.37566/2707-6849-2023-1(42)-2.

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The article examines the essence of the principle of bona fides, formed by the doctrine of Roman law, reveals its essence and analyzes the expediency of applying bona fides in the process of national justice. It is clarified that the principle of bona fides was the flagship in Roman law, but in the national legal system it is only an auxiliary principle. It was determined that the practical essence of bona fides in the judicial proceedings of the Roman legal system was that the judge, deciding this or that dispute, had the right to depart from the normative prescription if it contradicted bona
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Kim, Hyoung Seok. "The Effects of Liberative Prescription in French Law." Korean Association of Civil Law 106 (March 31, 2024): 81–103. http://dx.doi.org/10.52554/kjcl.2024.106.81.

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In this article, the author examines the effects of liberative prescription in French civil law and its implications for the interpretation of the Korean Civil Code. The conclusions can be summarized as follows:
 1. The question of whether a right is extinguished by the expiration of a prescription period, whether the expiration must be pleaded as a defense, and who may plead it, is a long-standing issue that has been debated since Roman law.
 2. The provisions of the French Civil Code regarding the effects of liberative prescription generally align with the absolute theory in Korean
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9

Giaro, Tomasz. "Medieval Canon Lawyers and European Legal Tradition. A Brief Overview." Review of European and Comparative Law 47, no. 4 (2021): 157–87. http://dx.doi.org/10.31743/recl.12727.

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The Roman Church was a leading public institution of the Middle Ages and its law, canon law, belonged to most powerful factors of European legal history. Today’s lawyers have hardly any awareness of the canonist origins of several current legal institutions. Together with Roman law, canon law constituted the system of “both laws” (utrumque ius) which were the only laws acknowledged as “learned” and, consequently, taught at medieval universities. The dualism of secular (imperium) and spiritual power (sacerdotium), symbolized by so-called two swords doctrine, conferred to the Western legal tradi
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Sobczyk, Marek. "O użyteczności badań nad prawem rzymskim – refleksje na kanwie rozprawy Joanny Kruszyńskiej-Koli pt. Ratio przedawnienia." Krakowskie Studia z Historii Państwa i Prawa 14, no. 3 (2021): 355–68. http://dx.doi.org/10.4467/20844131ks.21.026.14091.

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On the Usefulness of Research into Roman Law – Some Reflections on the Joanna Kruszyńska – Kola’s Dissertation Ratio przedawnienia [The ratio of prescription] In this paper I present my personal opinion on the role of present-day research into the history of law, especially into Roman law, referring to the wider issue of the usefulness of Roman law in the future development of private law. I emphasize the clear deficit of communication between historians and proponents of modern law doctrine. This shortcoming is manifested in the lack of interest that lawyers tend to display in achievements in
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Dissertations / Theses on the topic "Prescription (Roman law)"

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Chevreau, Emmanuelle. "Le temps et le droit : la réponse de Rome ; l'approche du droit privé /." Paris : De Boccard, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/528188313.pdf.

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Books on the topic "Prescription (Roman law)"

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Pellecchi, Luigi. Praescriptio, processo, diritto sostanziale, modelli espositivi. CEDAM, 2003.

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2

Bauer, Karen. Ersitzung und Bereicherung im klassischen römischen Recht: Und die Ersitzung im BGB. Duncker & Humblot, 1988.

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Świrgoń-Skok, Renata. Nieruchomość i zasady akcesji według prawa rzymskiego. Wydawn. Uniwersytetu Rzeszowskiego, 2007.

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4

Mannino, Vincenzo. La tolleranza dell'"usus servitutis" nell'esperienza giuridica romana. Giappichelli, 1996.

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5

Vacca, Letizia. Appartenenza e circolazione dei beni: Modelli classici e giustinianei. CEDAM, 2006.

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6

Mannino, Vincenzo. La tolleranza dell'usus iuris nell'esperienza giuridica romana: Forme di tutela e sviluppi teorici. G. Giappichelli, 2001.

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7

Lorimier, Charles C. de 1842-1919., Québec (Province), and Québec (Province), eds. La Bibliothèque du code civil de la province de Québec (ci-devant Bas-Canada) ou recueil comprenant entre autres matières: 1 ̊le texte du code en français et en anglais; 2 ̊les rapports officiels de M.M. les commissaires chargés de la codification ... Cadieux & Derome, 1987.

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8

Epstein, Richard A. The Economic Structure of Roman Property Law. Edited by Paul J. du Plessis, Clifford Ando, and Kaius Tuori. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198728689.013.39.

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The Roman law system of property rights was developed incrementally, in reliance on natural law, without any reliance on economic analysis developed in the twentieth century. Nonetheless, its doctrinal organisation conforms well to the prescriptions of that modern theory. Thus the Roman law draws the right lines between common and separate property, developing efficient rules of acquisition for the former. It also develops coherent rules for the outright transfer and division of assets by way of bailment, usufruct, license, mortgage, trust and servitudes before the onset of modern recordation
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Book chapters on the topic "Prescription (Roman law)"

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Helmholz, R. H. "The Law Of Sanctuary." In Cells, Tissues, and Disease. Oxford University PressNew York, NY, 2004. http://dx.doi.org/10.1093/oso/9780195140903.003.0002.

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Abstract The medieval law of sanctuary permitted any person who had committed a serious crime to take refuge in a church, churchyard, or other designated place of asylum. It was a valuable privilege. In theory, and normally in practice as well, anyone who reached a place of asylum escaped vengeance at the hands of his enemies and punishment at the hands of his rulers. Sanctuary meant everything the term implied—a refuge where a person in real danger would be safe from harm. This source of refuge was widely available in medieval Europe. Places where sanctuary might be sought could come into existence by the grants of emperors, popes, and kings and in most places by prescription as well. They could be located virtually anywhere, although churches were al- ways regarded as the most natural sites for sanctuary, just as they have proved to be in attempts to bring the concept back to life in our own day. Churches were certainly the most numerous of the places available for asylum. Indeed, by both the canon and the Roman laws, all churches were automatically entitled to this privileged status. English lawyers commonly said that a criminal “fled to church” as a shorthand way of saying that he had taken sanctuary, and this expression was fully in line with what was done in life.
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Helmholz, R. H. "The Law of Sanctuary." In The ius commune In England. Oxford University PressNew York, NY, 2001. http://dx.doi.org/10.1093/oso/9780195141900.003.0002.

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Abstract The medieval law of sanctuary permitted any person who had committed a serious crime to take refuge in a church, churchyard, or other designated place of asylum. It was a valuable privilege. In theory, and normally in practice as well, anyone who reached a place of asylum escaped vengeance at the hands of his enemies and punishment at the hands of his rulers. Sanctuary meant everything the term implied—a refuge where a person in real danger would be safe from harm. This source of refuge was widely available in medieval Europe. Places where sanctuary might be sought could come into existence by the grants of emperors, popes, and kings and in most places by prescription as well. They could be located virtually anywhere, although churches were al­ ways regarded as the most natural sites for sanctuary, just as they have proved to be in attempts to bring the concept back to life in our own day. Churches were certainly the most numerous of the places available for asylum. Indeed, by both the canon and the Roman laws, all churches were automatically entitled to this privileged status. English lawyers commonly said that a criminal “fled to church” as a shorthand way of saying that he had taken sanctuary, and this expression was fully in line with what was done in life.
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3

Gordley, James. "The Principle Against Unjustified Enrichment." In Foundations of Private Law. Oxford University PressOxford, 2006. http://dx.doi.org/10.1093/oso/9780199291670.003.0019.

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Abstract A celebrated abstraction is the maxim from the Digest that no one should be enriched at another’ s expense. The late scholastics and then the northern natural lawyers thought that this principle could explain the law of unust enrichment. Since the 19th century, German jurists, in particular, have been trying to bring it down to earth. Windscheid and his contemporaries agreed that this principle is too broad, a ‘ false abstraction’, ‘ untrue at this level of generality’.2 3 The truth was suggested by another Roman maxim which said a person was liable for ‘ a thing which he has without a just basis (justa causa)’ D According to Windscheid, a person enriched at another’ s expense ‘ has the duty to justify (herauszugeben) to the disadvantaged party, why he has become richer’.4 That conclusion is expressed by the general principle of § 812(1) of the German Civil Code: one who has received something through another’ s performance or at his expense in some other way without legal basis (ohne rechtlichen Grund) is obligated to give it back’. Yet 20th century German jurists have found that statement too broad as well. In 1934, Walter Wilburg claimed that it was impossible to formulate any general rule as to when enrichment is unjustified. Ernst von Caemmerer agreed. It is not true that an enrichment is unjustified when the person enriched has no contractual or statutory claim to be. A person might lose his rights to another by prescription. Or he might renounce a right which is consequently acquired by someone else.
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Schofield, Malcolm. "Cosmopolitanism, Imperialism, and the Idea of Law." In Cicero. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780199684915.003.0004.

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The cosmopolitan idea that humans have wider and more universal allegiances than to their immediate communities is presented by Cicero in On the commonwealth in both Platonic and Stoic forms. In On laws the more evidently Stoic idea of law as prescriptive right reason governs his argument. The chapter explains what Cicero takes its universal prescriptive force to consist in, and the way he conceives it to be embodied in the law codes of well-regulated constitutions of particular states, whether the Roman Republic at its best or any other ‘good and stable nation’. In On the commonwealth he had argued for the thesis that such states cannot exist or conduct their affairs without justice, which in Book 3 is the focus of a full-scale debate, particularly concerned with the justice or injustice of imperialism, not least Roman imperialism.
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Harrigan, Michael. "Narrative and servitude." In Frontiers of servitude. Manchester University Press, 2018. http://dx.doi.org/10.7228/manchester/9781526122261.003.0002.

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This chapter explores the tools that were available to early commentators for understanding Atlantic slavery, and what textual and graphic strategies can reveal about the knowledge about, and responses to, slavery. Early accounts of the colonies reflect shared understandings of the social, ecological and religious domains to various extents. These accounts also had recourse to the Graeco-Roman tradition, particularly Roman slave law, and to Scripture to understand slavery, though not without significant interrogations. Colonial-era narratives were historicising narratives, relying on shared understandings of human agency, chronology and knowledge, but excluding Amerindian and African peoples from these domains. Knowledge about slaves, which was produced in a polemical climate in which the script had considerable power to inform and to edify, was essentially oblique. Colonial-era texts that are self-consciously representative can also be instructive about human space and the perception of human coexistence. Engravings of slavery testify to some prescriptive potential, and can also illustrate what was gratifying about plantation power.
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