By Herbert Hausmaninger, Richard Gamauf, George A. Sheets, George A. Sheets
This ebook offers a radical creation to Roman estate legislations through "cases," which include short excerpts from Roman juristic assets within the unique Latin with accompanying English translations. The circumstances are chosen and grouped so one can offer an summary of every subject and an orderly exposition of its elements. to every case is connected a collection of questions that invite the reader to, e.g., make clear ambiguities within the jurist's argument, reconcile one protecting with one other, provide lacking yet precious evidence to account for the keeping, and/or interact in different analytical activities. Read more...
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Von schwimmende Inseln, wandernden Bäumen, ﬂüchtenden Tieren und verborgenen Schätzen,” in Rechtsgeschichte Und Privatrechtsdogmatik, R. Zimmermann, R. Knütel, and J. Peter Meincke, eds. Heidelberg: C. F. Müller, 1999, 565 ff. 55 (Proculus libro secundo epistularum) In laqueum, quem venandi causa posueras, aper incidit: cum eo haereret, exemptum eum asbstuli: num tibi videor tuum aprum abstulisse? et si tuum putas fuisse, si solutum eum in silvam dimisissem, eo casu tuus esse desisset an maneret?
Discussion Questions: 1) Does the command itself serve to release the debtor and give possession to the creditor, or is it necessary to complete the action that is commanded? 2) What signiﬁcance would you attach to the spatial distance of the creditor from the thing and the possibility of action by a third party? 3) Based on this text, try to develop a deﬁnition of traditio longa manu [“delivery by means of a long hand”] and then see if pointing out a piece of land from 17 The high classical jurist, L.
Compare with this Case: Pierson v. Post, 3 Cai. R. 175, 2 Am. Dec. 264 (Supreme Court of New York 1805) Post, a hunter on horseback with a pack of hounds, was pursuing a fox and already near to killing him, when suddenly Pierson, a farmer, jumped in between, killed the fox, and carried him off. Post sued Pierson and won at trial. Pierson appealed the judgment. The appellate court overturned the decision, saying: “The case now under consideration is one of mere pursuit, and presents no circumstances or acts which can bring it within the deﬁnition of occupancy .
A casebook on Roman property law by Herbert Hausmaninger, Richard Gamauf, George A. Sheets, George A. Sheets