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This book provides a thorough introduction to Roman property law by
means of "cases," consisting of brief excerpts from Roman juristic
sources in the original Latin with accompanying English
translations. The cases are selected and grouped so as to provide
an overview of each topic and an orderly exposition of its parts.
To each case is attached a set of questions that invite the reader
to, e.g., clarify ambiguities in the jurist's argument, reconcile
one holding with another, supply missing but necessary facts to
account for the holding, and/or engage in other analytical
activities. The casebook also illustrates the survival and
adaptation of elements of Roman property law in the modern European
civil codes, especially the three most influential of those codes:
the General Civil Code of Austria (Allgemeines Burgerliches
Gesetzbuch), the German Civil Code (Burgerliches Gesetzbuch), and
the Civil Code of Switzerland (Zivilgesetzbuch). All code excerpts
are accompanied by English translations. By comparing and
contrasting how the codes have adopted, adapted, or rejected an
underlying Roman rule or concept, it is possible for the reader to
observe the dynamic character and continuing life of the Roman
legal tradition. To facilitate comparison with corresponding rules
and concepts in the English common law tradition, additional texts
and questions prepared by the translator will be mounted on an
accompanying website, www.oup.com/us/romanpropertylaw."
This book provides a thorough introduction to Roman property law by
means of "cases," consisting of brief excerpts from Roman juristic
sources in the original Latin with accompanying English
translations. The cases are selected and grouped so as to provide
an overview of each topic and an orderly exposition of its parts.
To each case is attached a set of questions that invite the reader
to, e.g., clarify ambiguities in the jurist's argument, reconcile
one holding with another, supply missing but necessary facts to
account for the holding, and/or engage in other analytical
activities. The casebook also illustrates the survival and
adaptation of elements of Roman property law in the modern European
civil codes, especially the three most influential of those codes:
the General Civil Code of Austria (Allgemeines Burgerliches
Gesetzbuch), the German Civil Code (Burgerliches Gesetzbuch), and
the Civil Code of Switzerland (Zivilgesetzbuch). All code excerpts
are accompanied by English translations. By comparing and
contrasting how the codes have adopted, adapted, or rejected an
underlying Roman rule or concept, it is possible for the reader to
observe the dynamic character and continuing life of the Roman
legal tradition. To facilitate comparison with corresponding rules
and concepts in the English common law tradition, additional texts
and questions prepared by the translator will be mounted on an
accompanying website, www.oup.com/us/romanpropertylaw."
This text presents a broad range of aspects of Austrian law and
legal culture for the purpose of comparison with other legal
systems. In its second revised and enlarged edition it treats the
following subjects: political history, the constitution, sources
and interpretation of law, the political system, Austria and the
European Union, legal education and legal professions, the courts,
administrative adjudication, constitutional review, fundamental
rights, criminal procedure, civil procedure, the Austrian civil
code, private law, labour law, and the civil law tradition. These
characteristic features have been selected in order to acquaint the
foreign observer with some of the defining elements of Austrian law
and legal development. Austrian students and practitioners, too,
may find this approach helpful when it comes to explaining their
law to others.
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