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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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justinian
Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized ''renovatio imperii'', or "restoration of the Empire". This ambition was expressed by the partial recovery of the territories of the defunct Western Roman Empire. His general, Belisarius, swiftly conquered the Vandal Kingdom in North Africa. Subsequently, Belisarius, Narses, and other generals conquered the Ostrogothic kingdom, restoring Dalmatia, Sicily, Italy, and Rome to the empire after more than half a century of rule by the Ostrogoths. The praetorian prefect Liberius reclaimed the south of the Iberian peninsula, establishing the province of Spania. These campaigns re-established Roman control over the western Mediterranean, increasing the Empire's annual revenue by over a million ''solidi''. During his reign, Justinian also subdued the ''Tz ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consensual Contract
Consensu or obligatio consensu or obligatio consensu contracta or obligations ex consensuGeorge Bowyer, ''Commentaries on the Modern Civil Law'' (London: V & R Stevens and G S Norton, 1848), chapter 26p 201 or contractus ex consensu or contracts consensu or consensual contracts or obligations by consent are, in Roman law, those contracts which do not require formalities. These contracts were formed by the mere consent of the parties, there being no requirement for any writing or formalities, nor even for the presence of the parties. Such contracts were bilateral, that is to say, they bound both parties to them. Such contracts depended on the ''ius gentium'' for their validity and were enforced by praetorian actions, ''bonae fidei'', and not by actions ''stricti juris'', as were the contracts which depended on the classical ''ius civile'' of Rome. The term "consensual" does not mean that the consent of the parties is more emphatically given than in other forms of agreement, but it i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theophilus (jurist)
Theophilus is a male given name with a range of alternative spellings. Its origin is the Greek word Θεόφιλος from θεός (God) and φιλία (love or affection) can be translated as "Love of God" or "Friend of God", i.e., it is a theophoric name, synonymous with the name ''Amadeus'' which originates from Latin, Gottlieb in German and Bogomil in Slavic. Theophilus may refer to: People Arts * Theophilus Cibber (1703–1758), English actor, playwright, author, son of the actor-manager Colley Cibber * Theophilus Clarke (1776?–1831), English painter * Theophilos Hatzimihail (ca. 1870–1934), Greek folk painter from Lesbos * Theophilus Presbyter (1070–1125), Benedictine monk, and author of the best-known medieval "how-to" guide to several arts, including oil painting — thought to be a pseudonym of Roger of Helmarshausen Historical * Theophilos (emperor) (800 to 805–842), Byzantine Emperor (reigned 829–842), the second of the Phrygian dynasty * Theophilus (geogra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
