Download PDF by David Johnston: Roman Law in Context

By David Johnston

ISBN-10: 051100141X

ISBN-13: 9780511001413

ISBN-10: 0521630460

ISBN-13: 9780521630467

ISBN-10: 0521639611

ISBN-13: 9780521639613

This e-book explains the foundations of Roman legislations within the gentle of the society and economic climate within which it operated. the most subject matters mentioned are the kin and inheritance, estate and using land, advertisement transactions and the administration of companies, litigation and the way simply the Roman citizen may perhaps assert his or her criminal rights in perform. The booklet consists of no less than criminal technicality and is meant to be available to scholars and lecturers of Roman historical past.

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Download e-book for iPad: Roman Law in Context by David Johnston

This ebook explains the principles of Roman legislation within the mild of the society and economic climate within which it operated. the most themes mentioned are the relations and inheritance, estate and using land, advertisement transactions and the administration of companies, litigation and the way simply the Roman citizen may assert his or her criminal rights in perform.

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First, there must be capacity (conubium), which most Roman citizens and  Family and inheritance certain others had once they were of age, twelve in the case of girls and fourteen for boys, provided the marriage did not fall within the prohibited degrees of relationship. Second, there must be consent by the parties to the marriage, and any party who was still in paternal power needed the consent of the paterfamilias. The need for his consent was gradually watered down, so that he could not obstruct the marriage, although the dates are a matter of uncertainty.

The likelihood in any case is that the major change has been abbreviation, so nuances and details may have been lost. Since the general aim was to make the (surviving) texts more manageable and accessible, it is not very likely that the compilers spent much time writing new material to insert into the classical texts. () It is in general unlikely that substantive alterations will have been made to the texts unless there is a good reason, such as the fact that change in the law made the doctrine of a text incorrect or the institution with which it was concerned obsolete.

Att. ). A further pointer towards the dowry’s being significant but less than a daughter’s full entitlement is the fact that, if she made a claim on the intestate estate of her father, the amount she had already (indirectly) received by way of the dowry was taken into account. If it is right, then, to take Roman dowries to have been relatively modest, this may have been not least because marriage was not necessarily a stable relationship, and it therefore did not make much sense to put substantial amounts of property at stake.

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Roman Law in Context by David Johnston


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