A Casebook on Roman Property Law

Paperback | February 21, 2012

byHerbert Hausmaninger, Richard Gamauf, George A. Sheets

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This book provides a thorough introduction to Roman property law by means of "cases," consisting of brief excerpts from Roman juristic sources in the original Latin with accompanying English translations. The cases are selected and grouped so as to provide an overview of each topic and anorderly exposition of its parts. To each case is attached a set of questions that invite the reader to, e.g., clarify ambiguities in the jurist's argument, reconcile one holding with another, supply missing but necessary facts to account for the holding, and/or engage in other analytical activities. The casebook also illustrates the survival and adaptation of elements of Roman property law in the modern European civil codes, especially the three most influential of those codes: the General Civil Code of Austria (Allgemeines Burgerliches Gesetzbuch), the German Civil Code (BurgerlichesGesetzbuch), and the Civil Code of Switzerland (Zivilgesetzbuch). All code excerpts are accompanied by English translations. By comparing and contrasting how the codes have adopted, adapted, or rejected an underlying Roman rule or concept, it is possible for the reader to observe the dynamiccharacter and continuing life of the Roman legal tradition. To facilitate comparison with corresponding rules and concepts in the English common law tradition, additional texts and questions prepared by the translator will be mounted on an accompanying website.

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This book provides a thorough introduction to Roman property law by means of "cases," consisting of brief excerpts from Roman juristic sources in the original Latin with accompanying English translations. The cases are selected and grouped so as to provide an overview of each topic and anorderly exposition of its parts. To each case i...

Herbert Hausmaninger is Professor of Law, University of Vienna. Richard Gamauf is Professor of Law, University of Vienna. George A. Sheets is Associate Professor of Classical and Near Eastern Studies, and Law, University of Minnesota.
Format:PaperbackDimensions:304 pages, 9.25 × 6.12 × 0.68 inPublished:February 21, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199791139

ISBN - 13:9780199791132

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Table of Contents

Translator's IntroductionAbbreviationsForeword on Textual Transmission and Text CriticismI. Acquiring PossessionII. Keeping Possession and Losing PossessionIII. Acquiring Ownership and Losing OwnershipIV. Protection and Limitations of OwnershipV. ServitudesVI. Secured InterestsAppendixIndex of Sources