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Borderlines in Private Law

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An Historical Introduction to Modern Civil Law


ISBN13: 9780754621003
ISBN: 0754621006
Published: October 1999
Publisher: Routledge
Country of Publication: UK
Format: Paperback
Price: £60.00



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This account of civil law explores the Roman achievement as well as tracing how the contribution of the ancients was recognized and embraced during the intervening centuries by the various schools of civil and canon law, and also how the civilian tradition encompassed and absorbed many features from the legal arrangements of the Germanic world and other legal orders. The volume is designed to assist the reader who seeks an historical explanation of the similarities which exist among the civil law countries of contemporary Europe. It is not intended to furnish a narrative history of European civil law from ancient Rome to the present time. Instead, it focuses upon the development of those parts of the civilian legal heritage which are important to an understanding of contemporary civil law systems, while supplying sufficient information regarding the general history of the civilian tradition to make those developments comprehensible.

Subjects:
Legal History, Roman Law and Greek Law
Contents:
Part 1 Sources and influences: the Roman republic; the Principate; the Dominate; the Dark Ages; the rebirth of civil law; humanism and the age of reason; codification; an historical overview of modern civil law.
Part 2 Private law: the law of persons and the family; family property and succession; the law of property; the law of obligations; the law of actions.
Part 3 Public law: the concept and functions of the state; the law of civil procedure; criminal justice; administrative justice; the legal profession. Conclusion - the future of civil law.