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Real Contracts In Roman Law
In Roman law, contracts could be divided between those ''in re'', those that were consensual, and those that were innominate contracts in Roman law (Contratti innominati (diritto romano)). Although Gaius only identifies a single type of contract ''in re'', it is commonly thought that there were four, as Justinian identifies: ''mutuum'' (loan for consumption), ''commodatum'' (loan for use), ''depositum'' (deposit) and ''pignus'' (pledge). Each varied about the expected standards of care, transfer of ownership, and other practicalities stemming from the purpose of each. They all involved the delivery or a physical thing, which is a defining characteristic. They were generally supplemented by the ''stipulatio'' and inominate contract, which allowed additional provisions such as interests to be added to contracts ''in re'' making them more suitable for commercial applications. General features Justinian identifies four types of real contract – contracts ''in re'' (in a thing) – ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the 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, 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 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 (963–1806). Roman law thus served as a basis f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Act Of God
In legal usage in the English-speaking world, an act of God is a natural hazard outside human control, such as an earthquake or tsunami, for which no person can be held responsible. An act of God may amount to an exception to liability in contracts (as under the Hague–Visby Rules) or it may be an "insured peril" in an insurance policy. In Scots law the equivalent term is ''damnum fatale''. By contrast, other extraordinary man-made or political events are deemed ''force majeure''. Contract law In the law of contracts, an act of God may be interpreted as an implied defense under the rule of impossibility or impracticability. If so, the promise is discharged because of unforeseen occurrences, which were unavoidable and would result in insurmountable delay, expense, or other material breach. Under the English common law, contractual obligations were deemed sacrosanct, so failure to honour a contract could lead to an order for specific performance or internment in a d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Empire
The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post- Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediterranean Sea in Europe, North Africa, and Western Asia, and was ruled by emperors. From the accession of Caesar Augustus as the first Roman emperor to the military anarchy of the 3rd century, it was a Principate with Italia as the metropole of its provinces and the city of Rome as its sole capital. The Empire was later ruled by multiple emperors who shared control over the Western Roman Empire and the Eastern Roman Empire. The city of Rome remained the nominal capital of both parts until AD 476 when the imperial insignia were sent to Constantinople following the capture of the Western capital of Ravenna by the Germanic barbarians. The adoption of Christianity as the state church of the Roman Empire in AD 380 and the fall of the Western ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usucapio
''Usucapio'' was a concept in Roman law that dealt with the acquisition of ownership of something through possession. It was subsequently developed as a principle of civil law systems, usucaption. It is similar to the common law concept of adverse possession, or acquiring land prescriptively. Overview Since '' mancipatio'' and '' in iure cessio'' were inherently public modes of acquisition of ownership, ''usucapio'' was the only private method of the ''ius civile''. Ownership of a thing in Roman law was usually protected forever, until a limit of thirty years was introduced in 426 AD on actions by Theodosius – in other words, preventing the owner of a thing getting it back or seeking damages after thirty years. ''Usacapio'' was a form of acquisitive prescription – the passage of time entitled the holder to particular rights of acquisition. This right is a new right, one without reference to any existing rights. ''Usucapio'' assisted two cases: where a thing had b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Infamia
In ancient Roman culture, ''infamia'' (''in-'', "not," and ''fama'', "reputation") was a loss of legal or social standing. As a technical term of Roman law, ''infamia'' was an official exclusion from the legal protections enjoyed by a Roman citizen, as imposed by a censor or praetor. More generally, especially during the Republic and Principate, ''infamia'' was informal damage to one's esteem or reputation. A person who suffered ''infamia'' was an ''infamis'' (plural ''infames''). ''Infamia'' was an "inescapable consequence" for certain professionals, including undertakers, executioners, prostitutes and pimps, entertainers such as actors and dancers, and gladiators. Two jurists of the later Imperial era argue against the "infamous" status of charioteers, on the grounds that athletic competitions were not mere entertainment but "seem useful" as instructive displays of Roman strength and ''virtus''. ''Infames'' could not, for instance, provide testimony in a court of law. They w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wear And Tear
Wear and tear is damage that naturally and inevitably occurs as a result of normal wear or aging. It is used in a legal context for such areas as warranty contracts from manufacturers, which usually stipulate that damage from ''wear and tear'' will not be covered. Wear and tear is a form of depreciation which is assumed to occur even when an item is used competently and with care and proper maintenance. For example, repeated impacts may cause stress to a hammer's head. This stress is impossible to prevent in the normal use of the tool for its designed task, and any attempt to avert it impedes its functionality. At the same time, it is expected that the normal use of a hammer will not break it beyond repair during a reasonable life cycle. The phenomenon of wear and tear reflects the second law of thermodynamics, in which objects stray from their original form and function over time unless energy from an external force is used to maintain them. If restoration is impossible, an ob ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Furtum Usus
''Furtum'' was a delict of Roman law comparable to the modern offence of theft (as it is usually translated) despite being a civil and not criminal wrong. In the classical law and later, it denoted the contrectatio ("handling") of most types of property with a particular sort of intention – fraud and in the later law, a view to gain. It is unclear whether a view to gain was always required or added later, and, if the latter, when. This meant that the owner did not consent, although Justinian broadened this in at least one case. The law of ''furtum'' protected a variety of property interests, but not land, things without an owner, or types of state or religious things. An owner could commit theft by taking his things back in certain circumstances, as could a borrower or similar user through misuse. The Romans distinguished between "manifest" and "non-manifest" theft based on how close to the scene of the crime the thief was caught, although exactly where the line was, was deb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deposit Account
A deposit account is a bank account maintained by a financial institution in which a customer can deposit and withdraw money. Deposit accounts can be savings accounts, current accounts or any of several other types of accounts explained below. Transactions on deposit accounts are recorded in a bank's books, and the resulting balance is recorded as a liability of the bank and represents an amount owed by the bank to the customer. In other words, the banker-customer (depositor) relationship is one of debtor-creditor. Some banks charge fees for transactions on a customer's account. Additionally, some banks pay customers interest on their account balances. Types of accounts * How banking works In banking, the verbs "deposit" and "withdraw" mean a customer paying money into, and taking money out of, an account, respectively. From a legal and financial accounting standpoint, the noun "deposit" is used by the banking industry in financial statements to describe the liability o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delict
Delict (from Latin ''dēlictum'', past participle of ''dēlinquere'' ‘to be at fault, offend’) is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of wrongful conduct. In Scots and Roman Dutch law, it always refers to a tort, which can be defined as a civil wrong consisting of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer. Other civil wrongs include breach of contract and breach of trust. Liability is imposed on the basis of moral responsibility, i.e. a duty of care or to act, and fault (''culpa'') is the main element of liability. The term is similarly used in a handful of other English speaking jurisdictions which derive their private law from French or Spanish law, such as Louisiana and the Philippines, but ''tort'' is the equivalent legal term used in common law jurisdictions and in general disc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Aquilia
The ''lex Aquilia'' was a Roman law which provided compensation to the owners of property injured by someone's fault, set in the 3rd century BC, in the Roman Republic. This law protected Roman citizens from some forms of theft, vandalism, and destruction of property. The provisions of the Lex Aquilia The ''lex Aquilia'' (strictly, a plebiscite) was possibly enacted in 286 BC, or at some other point in the 3rd century BC. It was concerned with damage done from ''damnum iniuria datum'', "damage unlawfully inflicted", a kind of a delict (or tort), albeit with differences from tort as known in modern common law systems and the Scots Law of Delict. The most pertinent provisions were in the first and third chapters of the law. Only a limited subset of torts was included in the law as enacted. The first section stated that someone who unlawfully, or wrongfully as it later became known, killed another man's slaves or herd animal (''pecus'') should pay the owner the highest value that th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
