Fundamina

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List of Papers (Total 18)

Ius Romano-Germanicum - zur Rechtsquellenlehre des Usus modernus pandectarum

The subject of this contribution is the doctrine of the sources of law during the period of the Usus modernus pandectarum. This period may also be called the time of the Jus Romano-Germanicum or Praxis juris Romani in foro Germanico (according to a work by Johann Schilter). This study is based on works of five important representatives of this tradition: Schilter, Stryk, Struve...

Van een ketter wordt de tong doorstoken. Van Johannes de Doper ook. Beteugeling van "de nieuwe religie

The harbor city of Newport on the Flemish coast was, at the time of the reformation in the sixteenth century, a turning place for oppressed adherents of the "new religion" searching protection for themselves and their fortunes in protestant England, and "heretics" returning from England with secret correspondence, suspected books and even weapons. The repression could be severe...

Sobre el heredamiento como excepción a los principios romanos de derecho sucesorio en el vigente Código Civil de Cataluña

The most recent codification of civil law in Catalonia (Spain) has respected, accepted and retained the strong influence that Roman law has traditionally had on the Catalan legal system, from its first codification in 1960 to the 2008 Book IV of the Catalan Civil Code. The similarity between Catalan law and Roman law may be ascribed to historical reasons, though political motives...

Economic crisis and senatus consultum ultimum (48 and 47 BC)

The civil war involving Caesar and Pompeius led to a serious economic crisis in the period from 49 to 44 BC. This cannot be regarded merely as a monetary crisis arising out of a shortage of cash, since debt affected all social classes. The fire of 50 BC, the earthquake of 49 BC, and the housing shortage that followed affected the Roman economy adversely. Because of a shortage of...

Latino e altre lingue nel tardo antico: Qualche considerazione sulle "piae causae

In late antiquity and during the age of Justinian, new and multiform phenomena arose to answer the needs of monks, pilgrims, orphans, children, and aged people. These were different from the ecclesiae, and were given different names. All these names have the function of representing different charitable institutions, but each of them originated in a different and specific point...

Een erfrechtelijk geschil binnen de familie Haller von Hallerstein (1595-1603): Van eenheid naar verscheidenheid binnen het West-Europese recht

In 1595, in a contentious procedure, in which the executors mentioned below were the defendants, papal judges decided that the monastic vows taken by Loijsa Haller von Hallerstein, a Cistercian nun, were null and void. Accordingly, she was capable of entering into matrimony and taking the half to which she was entitled of the goods of her deceased parents. These goods were...

Profili di romanisti: I molteplici talenti di Lucio Bove

This paper draws the academic and scientific portrait of the Neapolitan Romanist Lucio Bove. It is part of a series of profiles of nineteenth-century Roman-law scholars on which the author has been working with the aim to contribute to a minor history of the studies and the scholars of Roman law during the second half of the twentieth century in Italy. The study is dedicated with...

Like a bad penny: The problem of chronic overcrowding in the prisons of colonial Natal: 1845 to 1910 (Part 2)

During recent decades, like the proverbial bad penny, the problem of chronic overcrowding has turned up over and over again to haunt South African prison administrators. As this article indicates, however, overcrowding in South African prisons is not only a recent phenomenon. Overcrowding has been a significant feature of imprisonment in South Africa from the very introduction of...

A historical review of the development of the post-apartheid South African LLB degree - with particular reference to legal ethics

This article considers the historical, political and social context of the LLB degree -especially insofar as it pertains to teaching legal ethics. It reviews the role of the law, the legal profession and the system higher education not only during the apartheid era, but also during the transition to democracy and in contemporary South Africa. In addition, this article also...

Cum dignitate otium. Remarks on Cicero's speech in defence of Sestius

In this paper, first, we analysed the historical-legal background of the speech, which provided an insight into the events that evoked and followed Cicero's exile and calling him home. After that, it was worth paying attention to the thought of philosophy of the state articulated in Pro Sestio as Cicero determines the notion of optimates destined to govern the state by taking an...

Remarks on the uniformity of natural law concepts in the history of legal philosophy

The aim of this paper is to investigate different meanings of the concept of natural law in the history of ideas since the early Greeks. Texts of Plato, Aristotle and the Stoics are briefly examined, followed by an analysis of some well-known texts of Roman law. Although natural law is generally-speaking linked with human equality, it appears from this investigation that...

Judge John Holland and the Vice-Admiralty Court of the Cape of Good Hope, 1797-1803: Some introductory and biographical notes (Part 2)

A British Vice-Admiralty Court operated at the Cape of Good Hope from 1797 until 1803. It determined both Prize causes and (a few) Instance causes. This Court, headed by a single judge, should be distinguished from the ad hoc Piracy Court -comprised of seven members of which the Admiralty judge was one, and which sat twice during this period - and also from the occasional naval...

Wettelijke regels voor interpretatie van overeenkomsten: nodig of overbodig?

Legal rules for the interpretation of contracts have existed in the Netherlands since the codification of their civil law at the beginning of the nineteenth century. Although these rules also existed in earlier legal systems, such as Roman law, their methodological notification as part of a whole was rather new. Initial Dutch attempts to regulate the interpretation of contracts...

The participation of laymen in the Dutch judiciary 1811-2011

This article describes the participation of laymen in Dutch justice from 1 March 1811 until 2011. History shows that discussion about the participation of laymen in the administration of justice has always related to the level of public trust in the judiciary and state-appointed judges at a certain time. Based on this, three peaks can be discerned in the focus on the...

Roman law and the development of Hungarian private law before the promulgation of the Civil Code of 1959

Although Hungary had close relations with the Byzantine Empire, the fact that King Stephen I (St. Stephen) (1000-1038) and his country adopted western Christianity made the penetration of Byzantine (Roman) law into Hungary impossible. Roman law had a direct influence in Hungary only during the age of the Glossators. The impact of Roman law was much less marked in the royal...

Du droit romain dans une jurisprudence testamentaire de la Cour d'Appel de Chişinău

The research we conducted on Romanian jurisprudence on wills led us to a very interesting decision of the Chişinău (presently, Republic of Moldavia) Court of Appeal delivered in 1925. The region called Bessarabia reunited with Romania in 1918, but the Romanian Civil Code was extended to that territory only in 1928. Therefore, the judges in this case had to identify the laws in...