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Civil Procedural Law, the Judiciary, and Legal Professionals

Alain Wijffels.

in The Oxford Handbook of European Legal History

July 2018; p ublished online August 2018 .

Article. Subjects: History of Law; Civil Law. 10057 words.

In civil law courts, early modern civil procedure was based on the Roman-canonical model of proceedings originally developed in late medieval ecclesiastical courts and by academic...

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The Contract <i>Litteris</i> and the Rôle of Writing Generally

Peter Birks.

in The Roman Law of Obligations

July 2014; p ublished online September 2014 .

Chapter. Subjects: Civil Law; History of Law. 6245 words.

This chapter examines the distinction between the dispositive and the evidentiary use of writing, and the category of contracts made ‘by writing’ (litteris).

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Contracts <i>Consensu</i>

Peter Birks.

in The Roman Law of Obligations

July 2014; p ublished online September 2014 .

Chapter. Subjects: Civil Law; History of Law. 27643 words.

This chapter examines the category of ‘consensual’ contracts (i.e. contracts concluded by agreement alone) and the four individual contracts within it: sale, hire, partnership and mandate....

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Contracts <i>Re</i>

Peter Birks.

in The Roman Law of Obligations

July 2014; p ublished online September 2014 .

Chapter. Subjects: Civil Law; History of Law. 10908 words.

This chapter examines contracts made ‘by delivery of a thing’ or ‘by conduct’(re): loan for consumption, loan for use, deposit and pledge.

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Contracts <i>Verbis</i>

Peter Birks.

in The Roman Law of Obligations

July 2014; p ublished online September 2014 .

Chapter. Subjects: Civil Law; History of Law. 5343 words.

This chapter examines contracts made ‘by word of mouth’ (verbis), in particular the stipulatio: its formalities and how it relates to the idea of a general law of contract.

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<i>Damnum Iniuria Datum</i> (Loss Wrongfully Caused)

Peter Birks.

in The Roman Law of Obligations

July 2014; p ublished online September 2014 .

Chapter. Subjects: Civil Law; History of Law. 12846 words.

This chapter examines the delict of loss wrongfully caused (damnum iniuria datum). It pays particular attention to the notions of loss (damnum), wrongfulness (iniuria) and fault (culpa)...

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<i>Furtum</i> (Theft)

Peter Birks.

in The Roman Law of Obligations

July 2014; p ublished online September 2014 .

Chapter. Subjects: Civil Law; History of Law. 12617 words.

This chapter examines the institutional delict of theft (furtum), looking at the various elements of the action for theft (actiofurti), in particular the act of contrectatio and the...

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<i>Iniuria</i> (Contempt)

Peter Birks.

in The Roman Law of Obligations

July 2014; p ublished online September 2014 .

Chapter. Subjects: Civil Law; History of Law. 10534 words.

This chapter examines the delict of iniuria(contempt, insult), looking in particular at the name of the delict, the history of the actio iniuriarum, the measure of recovery and the...

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Obligations: The Conceptual Map

Peter Birks.

in The Roman Law of Obligations

July 2014; p ublished online September 2014 .

Chapter. Subjects: Civil Law; History of Law. 10173 words.

This chapter examines the concept of an obligation and its position within the institutional scheme.

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The Organisation of Roman Contract

Peter Birks.

in The Roman Law of Obligations

July 2014; p ublished online September 2014 .

Chapter. Subjects: Civil Law; History of Law. 4599 words.

This chapter examines the principles of organisation which underpin the Roman law of contracts, and how these relate to the major tasks that any law of contract would have to perform. It...

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