The Law of Obligations - Roman Foundations of the Civilian Tradition
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| Verlag | Oxford University Press |
| Auflage | 1996 |
| Seiten | 1312 |
| Format | 15,6 x 23,4 x 5,5 cm |
| Gewicht | 1454 g |
| Artikeltyp | Englisches Buch |
| ISBN-10 | 019876426X |
| EAN | 9780198764267 |
| Bestell-Nr | 19876426EA |
This is a scholarly survey of the Law of Obligations from classical to modern times. It is a marvellous work of historical synthesis which discusses each contract, tort, and liability based on unjust enrichment with great clarity and traces their development over hundreds of years through the legal systems of Europe. It is not merely a work of Roman legal scholarship. It is a treasure-house of ideas and arguments as well as information and scholarship relating to the
Law of Obligations. It will be used by scholars of private law throughout the world for many years to come.
Klappentext:
This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fuses the vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative
law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German, English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a
deep understanding of human nature and of many social, economic, and other forces that determine the face of the law.
Rezension:
'This book', as James Gorley writes in the Americal Journal of Comparative Law 'is an account of the Roman roots of the modern law of contract, tort and unjust enrichment ... A principle goal is to show that the Roman legal tradition is a key to understanding modern law. For that reason, althought the book contains a magisterial treatment of the development of ancient Roman law, it does not, like the typical work on the subject, leave off with Justinian. It describes how Roman law was modified, beginning with the legal renaissance of the twelfth century, to form a ius commune, a law common to continental Europe. It shows how the Roman tradition shaped the national legal systems that emerged when the ius commune fragmented ... [and] describes how Roman law has influenced the English common law.' American Journal of Comparative Law
