Author: William Grapel
Publisher: BiblioBazaar, LLC
This is a pre-1923 historical reproduction that was curated for quality. Quality assurance was conducted on each of these books in an attempt to remove books with imperfections introduced by the digitization process. Though we have made best efforts - the books may have occasional errors that do not impede the reading experience. We believe this work is culturally important and have elected to bring the book back into print as part of our continuing commitment to the preservation of printed works worldwide.
Volume II: Intestate Succession
Author: Kenneth Reid,Marius de Waal,Reinhard Zimmermann
Publisher: OUP Oxford
Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.
A Study of the Development, Substance, and Arrangement of the System of Property in Modern Anglo-American Law
Author: Charles Reinold Noyes
Publisher: The Lawbook Exchange, Ltd.
Category: Business & Economics
Reprint of the sole edition. "This is an important, erudite, and difficult book. The author, who is of the school of institutional economists, has undertaken to analyze 'the structure only of that particular social organization and institution which is called property', not merely in its legal aspects but also with respect to the underlying economic facts of the institution today. (...) Those who will make the effort requisite to an understanding of this book will be well repaid.": Sidney Post Simpson, Harvard Law Review 49 (1935-36) 1211-16.
Author: Alan Watson
Publisher: University of Georgia Press
Provides a comprehensive description of the system of Roman law, discussing slavery, property, contracts, delicts and succession. Also examines the ways in which Roman law influenced later legal systems such as the structure of European legal systems, tort law in the French civil code, differences between contract law in France and Germany, parameters of judicial reasoning, feudal law, and the interests of governments in making and communicating law.
Author: Ernest Metzger
Publisher: Cornell University Press
The Corpus Iuris Civilis, a distillation of the entire body of Roman law, was directed by the Emperor Justinian and published in a.d. 533. The Institutes, the briefest of the four works that make up the Corpus, is considered to be the cradle of Roman law and remains the best and clearest introduction to the subject. A Companion to Justinian's "Institutes" will assist the modern-day reader of the Institutes, and is specifically intended to accompany the translation by Peter Birks and Grant McLeod, published by Cornell in 1987. The book offers an intelligent and lucid guide to the legal concepts in the Institutes. The essays follow its structure and take up its principal subjects—for example, slavery, marriage, property, and capital and noncapital crimes—and give a thorough account of the law relating to each of them. Throughout, the authors explain technical Latin vocabulary and legal terms.
Including the Twelve Tables, the Institutes of Gaius, the Rules of Ulpian, the Opinions of Paulus, the Enactments of Justinian, and the Constitutions of Leo
Author: Samuel Parsons Scott
Publisher: The Lawbook Exchange, Ltd.
Scott, S.P. The Civil Law Including the Twelve Tables, The Institutes of Gaius, The Rules of Ulpian, the Opinions of Paulus, The Enactments of Justinian, and the Constitutions of Leo: Translated from the Original Latin, Edited, and Compared With All Accessible Systems of Jurisprudence Ancient and Modern. In Seventeen Volumes. In Seven Books. Cincinnati: The Central Trust Company, 1932. Seven volumes. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-065549. ISBN 1-58477-130-5. Cloth. $895. * Comprehensive translation of numerous sources of Roman law, from the original Latin. Notable for its inclusion of the only complete English translation of the entire Corpus Iuris Civilis. An invaluable source of primary materials for the student of Canon law, Roman law or jurisprudence. Volume One contains: Twelve Tables Institutes of Gaius Rules of Ulpian Opinions of Paulus Enactments of Justinian Volume Two contains: Enactments of Justinian Digest or Pandects Books III-XVII Volume Three contains: Enactments of Justinian Digest or Pandects Books XVIII-XXIX Volume Four contains: Enactments of Justinian Digest or Pandects Books XXIX-XXXIX Volume Five contains: Enactments of Justinian Digest or Pandects Books XXXIX-L Volume Six contains: Enactments of Justinian The Code Books I-IX Volume Seven contains: Enactments of Justinian The Code Books IX-XII The Novels Constitutions of Leo General Index
Author: John Baron Moyle
Publisher: The Lawbook Exchange, Ltd.
Moyle, J.B. The Institutes of Justinian. Translated into English with an Index. Fifth Edition. Oxford: Clarendon Press, 1913. viii, 220 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001041401. ISBN 1-58477-185-2. Cloth. $90. * An English translation, with a thorough index, of Justinian's Institutes. After assuming the throne of the East Roman or Byzantine Empire in 527, Justinian (Favius Petrus Sabbatius Justinianus) [A.D. 483-565] sought to revise the most important legal writings of the original republic and empire, including the body of laws that had accumulated during the last 300 years. His revision of the Institutes of Gaius [c.A.D. 115-c.180] is perhaps the most significant volume to emerge from this program. Written around A.D. 161, it is an elementary treatise on Roman private law that served as a standard text for 300 years. Justinian's revision brought the original up to date while maintaining its qualities of clear exposition and perspicuous judgment. It was later combined with three other revisions, the Digest, Code, and Novels to form the Corpus Juris Civilis, a profound influence on European law from the tenth century onwards. Walker, The Oxford Companion to Law 511, 696.
A Comparison in Outline
Author: W. W. Buckland,William Warwick Buckland,Arnold D. McNair,Frederick Henry Lawson
Publisher: CUP Archive
This book is concerned with the fundamental rules and institutions of the two systems of Roman Law and Common Law and examines the independent approaches of the two peoples and their lawyers to the same facts of human life.
Author: W. W. Buckland
Publisher: Cambridge University Press
Originally published in 1912, this book presents a running commentary on the Institutes of Gaius and the Code of Justinian, with an eye to the ways in which laws were practically applied to Roman life. Buckland addresses such thorny legal issues as the ownership and manumission of slaves, property law, and intestacy. This book will be of value to anyone with an interest in Roman law.