A Casebook on the Roman Law of Contracts
- ISBN-10
- 019757324X
- ISBN-13
- 9780197573242
- Category
- History
- Pages
- 538
- Language
- English
- Published
- 2021-05-26
- Publisher
- Oxford University Press
- Author
- Bruce W. Frier
Description
Roman contract law has profoundly influenced subsequent legal systems throughout the world, but is inarguably an important subject in its own right. This casebook introduces students to the rich body of Roman law concerning contracts between private individuals. In order to bring out the intricacy of Roman contract law, the casebook employs the case-law method--actual Roman texts, drawn from Justinian's Digest and other sources, are presented both in Latin and English, along with introductions and discussions that fill out the background of the cases and explore related legal issues. This method reflects the casuistic practices of the jurists themselves: concentrating on the fact-rich environment in which contracts are made and enforced, while never losing sight of the broader principles upon which the jurists constructed the law. The casebook concentrates especially on stipulation and sale, which are particularly well represented in surviving sources. Beyond these and other standard contracts, the book also has chapters on the capacity to contract, the creation of third-party rights and duties, and the main forms of unjustified enrichment. What students can hope to learn from this casebook is not only the general outlines and details of Roman contract law, but also how the jurists developed such law out of rudimentary civil procedures. An online teacher's manual is available for instructors; to access it, see page xxi of the Casebook.
Get the book
Other editions
Similar books
-
A Casebook on Roman Family Law
By Bruce W. Frier, Thomas A. McGinnPublisher description
-
Obligations in Roman Law: Past, Present, and Future
By Thomas McGinnA centuries-old and highly influential discipline, Roman law has traditionally been studied in the context of law schools, rather than humanities faculties. This book opens a window on that world.
-
A Casebook on the Roman Law of Delict
By Bruce W. FrierThis casebook is designed to introduce the Roman law concerning delicts, private wrongs which broadly resemble torts in Anglo-American law. The Roman law of delict is unusually interesting, since many...
-
A Casebook on Roman Property Law
By Herbert Hausmaninger, Richard GamaufThis volume introduces Roman property law by means of "cases" consisting of brief excerpts from Roman juristic sources in Latin with English translations.
-
A Casebook on Roman Water Law
By Cynthia Jordan BannonEngaging study of key issues in Roman water regulation from legal and environmental history, both ancient and modern.
-
Philosophical Foundations of Contract Law
By George Letsas, Gregory Klass, Prince SapraiCutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law.
-
Borkowski's Textbook on Roman Law
By Paul J. du PlessisBorkowski's Textbook on Roman Law provides a thorough and engaging overview of Roman private law and civil procedure.
-
The Codex of Justinian: A New Annotated Translation, with Parallel Latin and Greek Text Based on a Translation by Justice...
By Noel Emmanuel Lenski, Bruce W. Frier, Thomas A. J. McGinnThe first reliable annotated English translation, with original texts, of one of the central sources of the Western legal tradition.
-
Foundational Principles of Contract Law
By Melvin A. Eisenberg[E]ven with eBay's heroic effort to simplify, would most people understand a term stating that “when you give us content, ... People want to surf the internet without even having to click “I agree” every time they enter a new site, ...
-
Some Landmarks of Twentieth Century Contract Law
By G. H. TreitelTreitel covers the extent to which contracts can benefit or bind third parties, variation of contracts by subsequent agreement and the distinction between four contractual terms - warranties intermediate (or innominate) terms and ...