Download or read book Contract Before the Enlightenment written by Stephen Bogle and published by Oxford University Press. This book was released on 2023-03-08 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract Before the Enlightenment represents a fresh investigation of what was then a ground-breaking approach to the law of contract written by James Dalrymple, Viscount Stair (1619-1695), lauded by some as the founding father of Scots law. As a judge and public figure, Stair was at the forefront of both political and legal developments in Scotland from the 1640s until he died in 1695. This study explores the development and reception of his ideas relating to the law of contract on the eve of the Scottish Enlightenment. It is here that Stair's legal legacy is most evident, and where the imprint of Calvinism, Aristotelianism, and Protestant natural law can be found within Scottish legal thought. In his legal treatise, the Institutions of Law of Scotland you find a sophisticated, innovative, and novel synthesis of Roman law with Stair's own Calvinist variant of a Protestant natural law theory. Yet it is also possible to find, once the theistic premises of Stair's natural law theory are dropped, the beginnings of a form of Scottish moral philosophy that rose to prominence in the eighteenth century. Undoubtedly, Stair is not only a key figure within Scottish legal history but also significant to how we understand the transition of Scottish intellectual life from the execution of Charles I to the emergence of the Scottish Enlightenment.
Download or read book A Casebook on the Roman Law of Contracts written by Bruce W. Frier and published by Oxford University Press. This book was released on 2021-05-26 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roman contract law has profoundly influenced subsequent legal systems throughout the world, but is inarguably an important subject in its own right. This casebook introduces students to the rich body of Roman law concerning contracts between private individuals. In order to bring out the intricacy of Roman contract law, the casebook employs the case-law method--actual Roman texts, drawn from Justinian's Digest and other sources, are presented both in Latin and English, along with introductions and discussions that fill out the background of the cases and explore related legal issues. This method reflects the casuistic practices of the jurists themselves: concentrating on the fact-rich environment in which contracts are made and enforced, while never losing sight of the broader principles upon which the jurists constructed the law. The casebook concentrates especially on stipulation and sale, which are particularly well represented in surviving sources. Beyond these and other standard contracts, the book also has chapters on the capacity to contract, the creation of third-party rights and duties, and the main forms of unjustified enrichment. What students can hope to learn from this casebook is not only the general outlines and details of Roman contract law, but also how the jurists developed such law out of rudimentary civil procedures. An online teacher's manual is available for instructors; to access it, see page xxi of the Casebook.
Download or read book The Roman Law Tradition written by A. D. E. Lewis and published by Cambridge University Press. This book was released on 1994-04-07 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law developed by the ancient Romans remains a powerful legal and political instrument today. In The Roman Law Tradition a general editorial introduction complements a series of more detailed essays by an international team of distinguished legal scholars exploring the various ways in which Roman law has affected and continues to affect patterns of legal decision-making throughout the world.
Download or read book New Perspectives in Scottish Legal History written by A. K. R Kiralfy and published by Routledge. This book was released on 2014-01-09 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1984. Part of The Journal of Legal History which publishes articles and book reviews on the history of the law in the British Isles, and also contributes in English on significant developments in the countries of the Commonwealth and the U.S.A. This edition includes articles on sources of literature, institutional writings, dissasine and mortancester in Scots Law, and the 1707 Union.
Download or read book Fault in the formation of contract in Roman law and Scots law Peter Stein written by Peter Stein and published by . This book was released on 1958 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Roman Law and English Jurisprudence Yesterday and Today written by Peter Stein and published by CUP Archive. This book was released on 1969-09-02 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Commercial Law Reports 1997 written by and published by The Law Publisher CC. This book was released on 2012 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Security and Credit in Roman Law written by Hendrik L. E. Verhagen and published by Oxford University Press. This book was released on 2022-09-05 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A History of Private Law in Scotland Volume 2 Obligations written by Kenneth Reid and published by Oxford University Press. This book was released on 2000-12-21 with total page 846 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume series offers the first detailed and systematic account of the history of private law in Scotland. Volume 2 covers topics such as insurance, negligence, liability, breach of contract, unfair contract terms, sale, and defamation.
Download or read book The Law of Obligations written by Reinhard Zimmermann and published by Clarendon Press. This book was released on 1996 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German,English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of thelaw.
Download or read book Mistake Fraud and Duties to Inform in European Contract Law written by Ruth Sefton-Green and published by Cambridge University Press. This book was released on 2005-02-10 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 examination of twelve case studies about mistake, fraud and duties to inform reveals significant differences about how contract law works in thirteen European legal systems and, despite the fact that the solutions proposed are often similar, what divergent values underlie the legal rules. Whereas some jurisdictions recognise increasing duties to inform in numerous contracts so that the destiny of mistake and fraud (classical defects of consent) may appear to be uncertain, other jurisdictions continue to refuse such duties as a general rule or fail to recognise the need to protect one of the parties where there is an imbalance in bargaining power or information. Avoiding preconceptions as to where and why these differences exist, this book first examines the historical origins and development of defects of consent, then considers the issues from a comparative and critical standpoint.
Download or read book Fault in the Formation of Contract in Roman Law and Scots Law written by Peter Stein and published by . This book was released on 1958 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Good Faith Obligation written by Alex Wan and published by Springer Nature. This book was released on with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Viva Vox Iuris Romani written by Luuk de Ligt and published by BRILL. This book was released on 2021-11-15 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions by J.A. Ankum, O. Behrends, G.C.J.J. v.d. Bergh, A.M.J.A Berkvens, Th.E. v. Bochove, F.J. Bruinsma, R. Feenstra, R. Forrez A.Fl. Gehlen, F.W. Grosheide, J. Hellebeek, M.L. Hewett, J.B.M. van Hoek, A.M. Hol, E. Hondius, C.J.H. Jansen, R. Knütel, C. de Koninck, C. Krampe, B. Kupisch, L. de Ligt, J.H.A. Lokin, J. Menner, O. Moorman van Kappen, P.L. Nève, C.H. van Rhee, E.J.H. Schrage, A.J.B. Sirks, E. Slob, B.H. Stolte, R. Verstegen, M. v.d. Vrugt, A. Wacke, L. Waelkens, T. Wallinga, A. Watson, L.C. Winkel, F.B.J. Wubbe, W.J. Zwalve
Download or read book Mistakes in Contract Law written by Catharine MacMillan and published by Bloomsbury Publishing. This book was released on 2010-01-15 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.
Download or read book The Cambridge Ancient History written by John Boardman and published by Cambridge University Press. This book was released on 1982 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of 'The Cambridge Ancient History' embraces the wide range of approaches and scholarships which have in recent decades transformed our view of late antiquity.
Download or read book Collected Studies in Roman Law written by David Daube and published by . This book was released on 1991 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt:
