Literal Contracts In Roman Law
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Literal Contracts In Roman Law
Literal contracts (''contractus litteris'') formed part of the Roman law of contracts. Of uncertain origin, in terms of time and any historical development, they are often seen as subsidiary in the Roman law to other forms. They had developed by at the latest 100 BC, and continued into the late Roman Empire. The form itself was a written entry in some form of account book, which Gaius describes as either replacing an existing obligation from another source, or transferring a debt from one person to another. At least the second form was unavailable to peregrines. It seems to have been limited to certain sums which were unconditional and which had the consent of the debtor. Its later development was shaped by changes in the oral contract, the ''stipulatio''. Origin The origin of the literal contract is uncertain. It is only towards the end of the second century BC that the evidence is suitably lucid for its existence. The ability to discern a distinction between financial accoun ...
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Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ...
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Roman Republic
The Roman Republic ( la, Res publica Romana ) was a form of government of Rome and the era of the classical Roman civilization when it was run through public representation of the Roman people. Beginning with the overthrow of the Roman Kingdom (traditionally dated to 509 BC) and ending in 27 BC with the establishment of the Roman Empire, Rome's control rapidly expanded during this period—from the city's immediate surroundings to hegemony over the entire Mediterranean world. Roman society under the Republic was primarily a cultural mix of Latin and Etruscan societies, as well as of Sabine, Oscan, and Greek cultural elements, which is especially visible in the Roman Pantheon. Its political organization developed, at around the same time as direct democracy in Ancient Greece, with collective and annual magistracies, overseen by a senate. The top magistrates were the two consuls, who had an extensive range of executive, legislative, judicial, military, and religious powers ...
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Caracalla
Marcus Aurelius Antoninus (born Lucius Septimius Bassianus, 4 April 188 – 8 April 217), better known by his nickname "Caracalla" () was Roman emperor from 198 to 217. He was a member of the Severan dynasty, the elder son of Emperor Septimius Severus and Empress Julia Domna. Proclaimed co-ruler by his father in 198, he reigned jointly with his brother Geta, co-emperor from 209, after their father's death in 211. His brother was murdered by the Praetorian Guard later that year, under orders from Caracalla himself, who then reigned afterwards as sole ruler of the Roman Empire. Caracalla found administration to be mundane, leaving those responsibilities to his mother. Caracalla's reign featured domestic instability and external invasions by the Germanic peoples. Caracalla's reign became notable for the Antonine Constitution ( la, Constitutio Antoniniana), also known as the Edict of Caracalla, which granted Roman citizenship to all free men throughout the Roman Empire. Th ...
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Chirograph
A chirograph is a medieval document, which has been written in duplicate, triplicate or very occasionally quadruplicate (four copies) on a single piece of parchment, with the Latin word ''chirographum'' (occasionally replaced by some other term) written across the middle, and then cut through to separate the parts. The term also refers to a papal decree whose circulation is limited to the Roman curia. Etymology The Latin word ''chirographum'', often spelled ''cirographum'' or ''cyrographum'' in the medieval period, is derived from the Greek χειρόγραφον, and simply means "handwritten". Description The intention of the chirograph was to produce two (or more) identical written copies of a legal agreement, that could be retained by each party to the transaction, and if necessary verified at a later date through comparison with one another. Whereas Charters were typically used for titles of property and did not give each party a copy, chirographs could be used for almost ...
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Barry Nicholas
John Keiran Barry Moylan Nicholas (1919–2002) was a British legal scholar. He was Professor of Comparative Law at the University of Oxford from 1971 to 1978, and Principal of Brasenose College, Oxford, from 1978 to 1989. Early life Nicholas was born on 6 July 1919 to Archibald John Nicholas and Rose (née Moylan). He was educated at Downside School, a Catholic independent school in Somerset, England. He then matriculated into Brasenose College, Oxford, where he was a scholar and studied classics: he achieved first class honours in '' Mods'' in 1939. Having taken a break from university to serve in the war, he returned to his college to study Jurisprudence: he graduated with a first class Bachelor of Arts (BA) degree in 1946. Academic career He began teaching at Brasenose College, Oxford, in 1946, and served as Principal of the college from 1978 to 1989. He gave up the position at the appointed age of 70, but he did not retire. He additionally served as All Souls Reader in ...
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