The object of the study consists in legal issues related to hunting wild birds, discussed by Roman classical jurists. The analysis of the sources reveals that the main problem they had to deal with ...was finding a right balance between the traditional, originating from the
freedom of hunting with the increasing economic importance of breeding wild birds and, accordingly, the economic interests of rich landowners who tended to reserve the exclusive right for catching wild birds on their lands for themselves. As the consequence of this increasing contrast between the principle of law and the economic reality, wild birds kept in aviaries were deemed to be the property of the owner, as well as those who once tamed were subjected to their control. The jurists also created a concept of
which applied to such animals as pigeons and peacocks, whose large-scale breeding involved allowing them to fly away temporarily from the owner. One of the remedies was also
which allowed the owner of the land to prevent entering his land by birders.
Violence, Justice, and Law in Classical Antiquity collects together forty-three of Andrew Lintott's most significant papers, delineating a society in which justice and law encompass a readiness to ...resort to violence ranging from legally-sanctioned forms of "self-help" to politically-legitimised tyrannicide.
This book analyses main lines of legal development in the area of proprietary security rights in movable assets (comprising pledges/charges, transfer of ownership for security purposes, assignment of ...claims for security purposes, and retention of title), starting from Roman law through the era of European codifications up to the present law in particular in Austria, then continues by analysing main questions of this area of law – above all isues concerning registration systems for security rights – in Germany, the Netherlands, France, Belgium and England, and finally analyses, on that basis, whether the “Draft Common Frame of Reference“ (DCFR), presented by an international group of experts in 2009, provides adequate solutions which are suitable to continue these legal developments consequently. The results achieved in this research show that the DCFR offers attractive solutions that are apt for the future development of the law in almost all areas investigated.
Das Werk arbeitet wesentliche Entwicklungslinien im Mobiliarsicherungsrecht (Pfandrecht, Sicherungseigentum, Sicherungszession, Eigentumsvorbehalt) vom Römischen Recht über die Kodifikationszeit bis ins geltende Recht insbesondere in Österreich heraus, analysiert zentrale Fragestellungen – insbesondere solche betreffend Mobiliarsicherheitenregister – zum deutschen, niederländischen, französischen, belgischen und englischen Recht und überprüft auf dieser Grundlage, ob der 2009 von einer internationalen Expertengruppe vorgelegte „Draft Common Frame of Reference“ (DCFR) sachgerechte Lösungen anbietet, die geeignet sind, diese Rechtsentwicklung konsequent fortzuführen. Die einzelnen Ergebnisse lassen sich dahin zusammenfassen, dass der DCFR fast durchgehend sachlich attraktive und zukunftsweisende Lösungen anbietet.
Roman law in the form of the legislation of the emperor Justinian (527-565) has been studied in Western Europe since the end of the 11th century in Bologna. Modern law is based in many ways on the ...concepts of ancient Roman law, therefore, it’s important that law students get to know them right at the beginning of their studies so that they will be well equipped to compare the different legal systems (in Europe). The knowledge of Roman law is often a prerequisite to a basic understanding of the legal norms in force. An understanding of Roman law is also important for the critical evaluation of present or proposed legislation. It is the best training ground for a future lawyer, judge or politician to learn to argue.
Roman law forms a vital part of the intellectual background of many legal systems currently in force in Continental Europe, Latin America, East Asia and other parts of the world. Knowledge of Roman ...law, therefore, constitutes an essential component of a sound legal education as well as the education of the student of history. This book begins with a historical introduction, which traces the evolution of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD. Then follows an exposition of the principal institutions of Roman private law: the body of rules and principles relating to individuals in Roman society and regulating their personal and proprietary relationships. In this part of the book special attention is given to the Roman law of things, which forged the foundations for much of the modern law of property and obligations in European legal systems. Combining a law specialist's informed perspective with a historical and cultural focus, the book provides an accessible source of reference for students and researchers in many diverse fields of legal and historical learning.
This article presents reflection made in the field of Roman legal thought in selected Polish legal regulations with potential impact on the functioning of the individual. The universal form of the ...principle – regardless of the legal system – implies a potential threat to the functioning of the individual in the form of uncertainty. The purpose of this publication is to indicate the need to update legal regulations regarding the indicated matter – in particular – in the form of an obligatory examination for the courts of the statute of limitations in a situation where a natural person is a party to the proceedings. Accurate provisions of the Code of Administrative Procedure, Code of Civil Procedure and selected court sentences were presented. In the research process, was made extensive use of qualitative research methods, including in the form of analyses (e.g.: legal and institutional analysis, comparative analysis, system analysis and methods: analysis and logical construction), generalization and implication. In turn, among quantitative research methods, intensively was used statistical analysis and a diagnostic sounding survey. In addition to the literature analysis – important support of the research process was the examination of documents (including provisions of national law) and available sources of knowledge about the problems studied. The source material included both open access and published studies in specialist journals. At this stage of the research, have been analysed the applicable legal regulations and selected sentences of Polish Courts. The mentioned above, empirical methods included the following: a diagnostic sounding survey – conducted in the form of surveys using the CAWI technique. The empirical stage ofthe research also consisted in the assessment of the legal status. The cognitive and utilitarian premises of the problems are the implementation of the adopted hypothesis: Ignorantia iuris nocet Principle in connection with numerous amendments to regulations may have negative consequences for the functioning of the individual.
This report analyses Bulgaria's legal framework for administrative penalties. The report assesses the subjective scope of their application, the typologies and levels of administrative penalties, and ...the proceedings for applying them.
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