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Specification (legal Concept)
''Specificatio'' is a legal concept adopted from Roman law. It is an original mode of acquisition, since it involves deriving rights over objects that are not subject to pre-existing rights of ownership. Roman law In Roman law, ''specificatio'' referred to the acquisition of a new species arising from a change of species. When was a ''nova species'' created? A ''nova species'' was created when the new thing had a new identity or name. Nicholas rationalises this rule by reference to the ''rei vindicatio'' which requires the vindicator to name the subject of the ''rei vindicatio''. The rights over the old items became extinguished if one could not name the item and have the ''iudex'' recognise it in the thing. The tests mentioned by Thomas are: # If a thing belongs in a different commercial category, e.g. marble blocks and marble statues # If the materials were still recognisable as what they had been. Ownership of the ''nova species'' The position in the ''Institutes'' o ... [...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] |
Res Nullius
''Res nullius'' is a doctrine.Johnston. The International Law of Fisheries. 1987p 309 The expression "res nullius" (lit: ''nobody's thing'') is a Latin term derived from private Roman law whereby ''res'' (an object in the legal sense, anything that can be owned, even a slave, but not a subject in law such as a citizen, nor land) is not yet the object of rights of any specific subject. Such items are considered ownerless property and are free to be acquired by means of ''occupatio''. Its use as a legal concept continues in modern civilian legal systems. Examples of ''res nullius'' in the socio-economic sphere are wild animals (''ferae naturae'') or abandoned property ('' res derelictae''). Finding can also be a means of occupation (i.e. vesting ownership), since a thing completely lost or abandoned is ''res nullius'', and therefore belonged to the first taker. Specific legislation may be made, e.g. for beachcombing. Scope Wild animals In common law legal systems, forest l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Code
A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code. History The history of codification dates back to ancient Babylon. The earliest surviving civil code is the Code of Ur-Nammu, written around 2100–2050 BC. The Corpus Juris Civilis, a codification of Roman law produced between 529 and 534 AD by the Byzantine emperor Justinian I, forms the basis of civil law legal systems. Other codified laws used since ancient times include various texts used in religious law, such as the Law of Manu in Hindu law, Islamic Sharia law, the Mishnah in Jewish Halakha law, the Canons of the Apostles in Christian Canon law. European codes and influences on other continents Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Good Faith (law)
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in a number of contract types in order to reinforce the express covenants or promises of the contract. A lawsuit (or a cause of action) based upon the breach of the covenant may arise when one party to the contract attempts to claim the benefit of a technical excuse for breaching the contract, or when he or she uses specific contractual terms in isolation in order to refuse to perform his or her contractual obligations, despite the general circumstances and understandings between the parties. When a court or trier of fact interprets a contract, there is always an "implied covenant of good faith and fair dealing" in every written agreement. History In U.S. law, the legal concept of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Institutes (Justinian)
The ''Institutes'' ( la, Institutiones) is a component of the ''Corpus Juris Civilis'', the 6th-century codification of Roman law ordered by the Byzantine emperor Justinian I. It is largely based upon the ''Institutes'' of Gaius, a Roman jurist of the second century A.D. The other parts of the ''Corpus Juris Civilis'' are the '' Digest'', the ''Codex Justinianus'', and the ''Novellae Constitutiones'' ("New Constitutions" or "Novels"). Drafting and publication Justinian's Institutes was one part of his effort to codify Roman law and to reform legal education, of which the Digest also was a part. Whereas the Digest was to be used by advanced law students, Justinian's Institutes was to be a textbook for new students. The need for a new text for first year students was addressed as early as 530 in the constitution "Deo auctore," where reference is made to something "...which may be promulgated to replace the elementary works, so that the raw intelligence of the student, nourished b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justinian I
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] |
The Thinker Close
''The'' () is a grammatical Article (grammar), article in English language, English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the Most common words in English, most frequently used word in the English language; studies and analyses of texts have found it to account for seven percent of all printed English-language words. It is derived from gendered articles in Old English which combined in Middle English and now has a single form used with pronouns of any gender. The word can be used with both singular and plural nouns, and with a noun that starts with any letter. This is different from many other languages, which have different forms of the definite article for different genders or numbers. Pronunciation In most dialects, "the" is pronounced as (with the voiced dental fricative followed by a schwa) when followed by a consonant s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Occupatio
''Occupatio'' (occupation) was an original method of acquiring ownership of un-owned property (''res nullius'') by occupying with intent to own. Roman legal writings on acquisition by ''occupatio'' Nicholas argues this is the "archetype" of all other Roman law methods of original acquisition. According to the Roman jurist Gaius, any previously unowned thing becomes the just property of the first occupant able to "capture" it: Abandoned goods ('' res derelictae'') was also ''res nullius'' and subject to acquirement through ''occupatio''. Land, however, was excluded and could not be acquired using ''occupatio''. ''Occupatio'' in the modern world The Roman law ''occupatio'' has continued relevance in present times, partly due to its adoption by legal systems across Europe, Africa and North America. It is also used in international law. Domestic legal systems Legal systems across the modern world continue to employ a form of ''occupatio''. A full discussion of each lega ... [...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] |
Aristotelianism
Aristotelianism ( ) is a philosophical tradition inspired by the work of Aristotle, usually characterized by deductive logic and an analytic inductive method in the study of natural philosophy and metaphysics. It covers the treatment of the social sciences under a system of natural law. It answers why-questions by a scheme of four causes, including purpose or teleology, and emphasizes virtue ethics. Aristotle and his school wrote tractates on physics, biology, metaphysics, logic, ethics, aesthetics, poetry, theatre, music, rhetoric, psychology, linguistics, economics, politics, and government. Any school of thought that takes one of Aristotle's distinctive positions as its starting point can be considered "Aristotelian" in the widest sense. This means that different Aristotelian theories (e.g. in ethics or in ontology) may not have much in common as far as their actual content is concerned besides their shared reference to Aristotle. In Aristotle's time, philosophy included natur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Substantial Form
Substantial form was an Aristotelian innovation designed to solve three problems. The first is how physical things can exist as certain types of intelligible things, e.g., Rover and Fido are both dogs because they have the same type of immaterial substantial form. It is the immaterial substantial form that makes the physical thing intelligible as a particular kind of thing. The second problem is how the activities of physical things can transcend the limitations of matter to different degrees: plants through their vegetative substantial form transcend the capacities of inanimate matter via growth and nutritive activities; animals through their sentient substantial form by sensation, perception and emotions; and humans via their rational substantial forms by their abstract thinking and free will. The third problem is how one physical thing can change into another, e.g.the tiger that eats Rover and Fido not only ends the ability of their substantial forms to continue animating their ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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