Roman-Frisian Law of the 17th and 18th Century
2003. 291 S.
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ISBN 978-3-428-11046-9
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Beschreibung

This book deals with the foundations of legal practice in Friesland in the 17th and 18th century, specially with the way in which the Court of Friesland made use of the texts of the ius commune in it's judgements. With the help of the until now unexploited archives of the Frisian Court a selection of civil cases and legal opinions has been made which will not only interest the legal historian but the modern lawyer as well. Legal problems about for example minority, assignment, encumbrances, liability, sale, tort etc. are explained and discussed.

The practical solutions of the Court based on Roman law texts taken from the Justinian Corpus Iuris Civilis enlarge the knowledge of the reader and his comprehension of the dogmatic and historical aspects of each case. If possible a comparison with Roman-Dutch law is made and each chapter ends with a reference to modern Dutch laws, illustrating the 'eternity' of the legal problems dealt with. The book also makes clear why the Frisians considered themselves as most tenacious adherents of Roman Law: juris Romani tenacissimi. Convinced of themselves the Frisians members of the Court travelled along the 'pure' Roman highway while the jurists of other provinces and countries often had left the road and taken sidepaths. The book shows us that we in fairness may speak of an independent branch in the big tree of the ius commune: Roman-Frisian law.

Inhaltsübersicht

Inhaltsübersicht: Preface - I. The Court of Friesland: A brief history of the institution - II. The beguiling ensign: The adventures of a minor under the patria potestas - III. The task of a meticulous administrator: Perils surrounding an investment not made - IV. On women in need of assistance: The prohibition of intercession - V. The assignee who did not give notice of the assignment: On assignment - VI. "Mobilia habent sequelam": Hypothecs on cows and horses or: on Friesland, where the jus Romanum is closely observed - VII. "A little bit longer": Or "How much longer Roman feet were than Frisian ones" - VIII. The disappointed heir: The unwilling victim of the cautio Socini - IX. The purchase of a ruin at public auction: is the doctrine of laesio enormis applicable? - X. The ignorant churchwardens, or: is a vendor required to deliver what he has sold free from all burdens and encumbrances? - XI. Farming agricultural land oneself: "Sale does not break hire"? - XII. Penalties, damages and compensation for pain and suffering: Rights of action arising from a tort - XIII. The incompetent lawyer: Payment of fees and professional liability - XIV. To prevent the bloodthirsty enemy from carrying out his cruel plans: lawful acts of the authorities and the Rhodian law on the throwing of goods overboard - Concluding observations - Ducuments from the Rijksarchief Friesland - List of sources, Index

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