Textbook On Roman Law,9780199276073

Textbook On Roman Law

by ;
Edition: 3rd
ISBN13: 9780199276073
ISBN10: 0199276072
Format: Paperback
Pub. Date: 2005-04-21
Publisher(s): Oxford University Press
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Summary

Textbook on Roman Law provides students with an exposition of Roman civil law and procedure, setting the law in the context of the history of Rome and keeping the use of Latin phrases to a minimum. A major feature of the book is the use of texts from Roman legal and literary sources.

Author Biography


Andrew Borkowski is Reader in law at the University of Bristol. During his career at Bristol he has taught nine different subjects, but his main areas of legal research have been in Roman Law, Succession and Family Law.
Paul du Plessis is Lecturer in Civil Law at Edinburgh University. His research interests include, letting and hiring in Roman law and the European ius commune, and historical development of the civilian tradition.

Table of Contents

Preface to the Third Edition ix
Preface to the First Edition x
Acknowledgements xii
Dates xiii
Abbreviations xv
Guide to the companion web site xvii
Introduction: Rome---a historical sketch
1(26)
Monarchy
1(2)
Republic
3(10)
Empire
13(11)
Further reading
24(3)
PART I The Roman Legal System
The sources of Roman law
27(36)
Sources of law in the archaic period
27(2)
Sources of law in the Republic
29(10)
Sources of law in the Empire
39(11)
The post-classical era
50(4)
Justinian's codification
54(8)
Further reading
62(1)
Roman litigation
63(24)
The perils of litigation
63(3)
Early procedure: the legis actiones
66(6)
The formulary system
72(7)
The cognitio procedure
79(3)
Further reading
82(5)
PART II The Law of Persons
Status, slavery and citizenship
87(26)
Legal personality
87(2)
Status
89(1)
Freedom and the law of slavery
89(12)
Citizens and non-citizens
101(10)
Further reading
111(2)
The Roman family
113(40)
The paterfamilias and his household
113(7)
Marriage and divorce
120(15)
Adoption
135(4)
Guardianship
139(11)
Further reading
150(3)
PART III The Law of Property and Inheritance
Interests in property
153(29)
The classification of property
153(4)
Ownership
157(5)
Possession
162(7)
Servitudes
169(11)
Contractual proprietary interests
180(1)
Further reading
181(1)
Acquiring ownership
182(26)
Ius gentium methods of acquiring ownership
182(15)
Ius civile methods of acquiring ownership
197(8)
Gifts
205(2)
Further reading
207(1)
Inheritance
208(43)
Introduction
208(1)
Better to make a will?
208(2)
Intestacy
210(6)
Making a will
216(10)
Heirs
226(4)
Legacies
230(5)
Testamentary freedom
235(5)
Failure
240(3)
Codicils and trusts
243(5)
Further reading
248(3)
PART IV The Law of Obligations
Contracts
251(67)
Obligations in general
251(4)
General features of Roman contracts
255(6)
Consensual contracts
261(29)
Verbal contracts
290(7)
Contracts re
297(8)
Contracts litteris
305(1)
Innominate contracts
306(3)
Pacts
309(2)
Quasi-contract
311(5)
Further reading
316(2)
Delicts
318(37)
Introduction
318(1)
Wrongful damage to property
319(10)
Theft and robbery
329(10)
Insulting behaviour
339(5)
Praetorian delicts
344(4)
Animals
348(2)
Quasi-delict
350(2)
Further reading
352(3)
PART V Roman Law and the Modern World
Roman Law and the European ius commune
355(38)
The legacy of Justinian's codification in the Dark Ages
356(4)
The second life of Roman law
360(25)
Roman law in England
385(5)
Further reading
390(3)
Bibliography 393(8)
Index of Texts 401(4)
Index 405

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