Conveyancing / Tenancy / Land

A Casebook on Roman Property Law

Edited by Herbert Hausmaninger · Richard Gamauf · George A. Sheets
Oxford University Press USA March 2012

Specifications

ISBN-13
9780199791132
Publisher
Oxford University Press USA
Publication
March 2012
Format
Paperback , 384 pages
Jurisdiction
International ? Countri(es) for reference only

Details

  • Only book-length exposition of Roman property law in English
  • This book adds to a growing series of casebooks in English on different areas of Roman law
  • An accompanying website will draw connections to and illustrate contrasts with the English common law tradition and modern American statutory doctrines

This book provides a thorough introduction to Roman property law by means of "cases," consisting of brief excerpts from Roman juristic sources in the original Latin with accompanying English translations. The cases are selected and grouped so as to provide an overview of each topic and an orderly exposition of its parts. To each case is attached a set of questions that invite the reader to, e.g., clarify ambiguities in the jurist's argument, reconcile one holding with another, supply missing but necessary facts to account for the holding, and/or engage in other analytical activities. The casebook also illustrates the survival and adaptation of elements of Roman property law in the modern European civil codes, especially the three most influential of those codes: the General Civil Code of Austria (Allgemeines Bürgerliches Gesetzbuch), the German Civil Code (Bürgerliches Gesetzbuch), and the Civil Code of Switzerland (Zivilgesetzbuch). All code excerpts are accompanied by English translations. By comparing and contrasting how the codes have adopted, adapted, or rejected an underlying Roman rule or concept, it is possible for the reader to observe the dynamic character and continuing life of the Roman legal tradition. To facilitate comparison with corresponding rules and concepts in the English common law tradition, additional texts and questions prepared by the translator will be mounted on an accompanying website.

Readership: Students of law at both the undergraduate and professional levels; historians of Medieval, Early Modern, and Modern European history; Classicists; Political scientists.

Table of Contents

Translator's Introduction
Abbreviations
Foreword on Textual Transmission and Text Criticism
I. Acquiring Possession
II. Keeping Possession and Losing Possession
III. Acquiring Ownership and Losing Ownership
IV. Protection and Limitations of Ownership
V. Servitudes
VI. Secured Interests
Appendix
Index of Sources

About the Author

Herbert Hausmaninger, Professor of Law, University of Vienna, Richard Gamauf, Professor of Law, University of Vienna, and Translated with Commentary by George A. Sheets, Associate Professor of Classical and Near Eastern Studies, and Law, University of Minnesota

Herbert Hausmaninger is Professor of Law, University of Vienna Richard Gamauf is Professor of Law, University of Vienna George A. Sheets is Associate Professor of Classical and Near Eastern Studies, and Law, University of Minnesota

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