A course of lectures on Roman law (privat)

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Uploaded: 01.06.2008
Content: 80601141227663.doc (434 kB)

Description

A full summary of lectures on Roman law on all topics included in the curriculum in the discipline. Lecturer - a respected teacher of the Moscow State University. Not Internet. Reprints own lectures. Issues discussed in great detail. Excellent for preparing for the exam in Roman law. Not Internet. 40 pages, font 12.

Additional information

The list of issues discussed in the course:
The concepts and the importance of the Roman private law
Sources of Roman private law
The process of private law disputes in Other. Rome
Individuals: Legal entities Individuals
The state of freedom
State of citizenship
Family state
Right in rem
Property right
The rights to other people's things
Inheritance law
Contractual right
Delict

Excerpt abstract on "tort":
 Visitor - * affects the interests of state-va; * Attracted personally liable tortfeasor (from corporal punishment to the death penalty).
 Private - violates the interests of individuals; * Attracted only financial responsibility.
Three features:
 All private delicts gave rise to personal liability;
If several persons  joint actions caused damage to one person, they responded to him in solidarity;
 Little limitation period - 1 year from the date of the injury.
Types of private delicts
1. in juria - hurt (Law 12 tables)
In the pre-classical period - a personal responsibility - only harm. Over time, it expands under in juria means any tort against the person at all. Responsibility - reparation.
2. furtum
 rei (things), usus (the right - the use of the custodian of the things in their goal)
 manifestum (personal responsibility - a thief caught in the act), nec manifestum (penal responsibility - are not caught in the act)
3. damnum injuria datum - culpable harm to another's property.
Terms of liability:
 wine in any form;
 damage to things caused by direct physical (corpore) effects, but are beginning to bypass the praetors corpore and provides protection in the absence of a direct impact on the thing.
(One person closes the servant of another room, this slave dies - the attacker has not touched a finger - Pretoria already offer protection)
4. rapina (robbery)
tort later time. Pretoria time. Creates 76 BC Praetor Terence Delight in the created edict where robbery is clearly illegal and forcible confiscation of another's movable. Responsibility fourfold value of the loot.
5. metus (threat)
Pretoria tort. 1 in BC Responsibility fourfold the value of what is received the influence of the threat. This tort has not played any role in the pre-classical period.
6. dolus malus (cheating)
Responsibility once. Everything else is as well as robbery.

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