By Herbert Hausmaninger, Richard Gamauf, George A. Sheets, George A. Sheets
This ebook offers an intensive advent to Roman estate legislation through "cases," together with short excerpts from Roman juristic resources within the unique Latin with accompanying English translations. The instances are chosen and grouped as a way to supply an summary of every subject and an orderly exposition of its components. to every case is connected a suite of questions that invite the reader to, e.g., make clear ambiguities within the jurist's argument, reconcile one preserving with one other, offer lacking yet helpful proof to account for the conserving, and/or interact in different analytical activities. Read more...
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Additional info for A casebook on Roman property law, 1st Edition
Labeo says not, which is correct. For the seal is more often afﬁxed in order to prevent substitution rather than to signify delivery. Note on the Text: On videatur (“signify”) see on Case 72. Signare means “to seal” or “afﬁx one’s seal to”; summutare (“to substitute, exchange”) could refer to the vessel but also to the wine. The facts: A wine vessel is marked with the buyer’s seal. It remains in the seller’s wine cellar. The legal question: Has the buyer taken possession with his seal? Discussion Questions: Trebatius afﬁrms that traditio [“delivery”] has taken place and therefore presupposes that the buyer has taken possession by agreement with the seller, who wishes to surrender possession.
The seller complies with the instruction. 2) Legal question: has the buyer thereby acquired possession? 3) The jurist’s decision: self-evidently (certum est) he has, even if no one in the house of the buyer has yet touched the goods. 4) Considerations: The buyer’s intention to take possession is here unproblematic and will therefore not be discussed. The jurist instead considers how the physical relationship that affects the taking of possession should be established. In the normal case, delivery (traditio) of the goods is made 16 Publius Iuventius Celsus (praetor 106, consul for second time 128, Governor in Thrace and Asia, member of Hadrian’s consilium) is one of the most proliﬁc jurists of the high classical period.
The republican-period jurist P. Alfenus Varus (cos. 39 BCE) wrote 40 books of Digesta, which were excerpted by Paul and supplemented with his own annotations. Alfenus is the only pre-classical jurist whose work is preserved for us in larger fragments (54 passages in the Digest). Acquiring Possession 17 CASE 7 (Continued) a special duty of care, custodia, which places upon him the risk of theft in particular. In the case of theft after delivery, the buyer must pay the purchase price to the seller.