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A Casebook on the Roman Law of Contracts (Hardcover)
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A Casebook on the Roman Law of Contracts (Hardcover)
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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.
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