The Law of Obligations: Roman Foundations of the Civilian Tradition

Front Cover
Oxford University Press, 1996 - Law - 1241 pages
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 fusesthe 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 thelaw.
 

What people are saying - Write a review

User ratings

5 stars
6
4 stars
2
3 stars
0
2 stars
0
1 star
0

User Review - Flag as inappropriate

This book is fantastic and a now-law scholar will also be able to understand this book. It has helped me tremendously!!!

User Review - Flag as inappropriate

This book covers a truly august topic of law. Zimmerman does so intelligently and brilliantly without ever indulging in over simplification.

Contents

List of Abbreviations
li
Principal Works Cited
lix
Chapter
1
Divisio Obligationum
10
The Place of Obligations within the System
24
Plan of Treatment
32
PART II
39
Cession
58
Interpretation of Contracts
621
Postreception Developments
635
Special Problem Situations
643
Metus and DolusDuress and Fraud
651
H Dolus
662
Invalidity
673
Invalidity and Reasons for Invalidity
678
Illegality
697

Stipulatio
68
utile per inutile non vitiatur
75
The importance of form and formality
82
Stipulatio poenaeConventional penalties
95
Range of application
103
Semel commissa poena non evanescit
110
Suretyship
114
Sponsio Fidepromissio and Fideiussio
117
Idem Debitum
125
Beneficium divisionis
131
Special Types of Suretyship Transactions
137
Women as Sureties
145
PART III
153
n The History of the Interest Rates and Usury
166
Special Types of Loan
177
Commodatum Depositum PignusLoan for Use
188
PART IV
194
Depositum
205
HI Pignus
220
Emptio venditio I Sale Basic Requirements
230
The Purchase Price
250
Emptio venditio II Sale Main Effects
271
The Duties of the Parties
277
The Passing of the Risk
281
Emptio venditio IIISale Warranty of Title and
293
H Liability for Latent Defects
305
Locatio conductio I Mainly Lease
338
Locatio Conductio Rei
351
Locatio conductio IIContract of Employment Contract
384
Locatio Conductio Operis
393
Mandatum Mandate
413
The range of application of mandatum
420
The liability of the mandatarius
426
Chapter Page
433
Requirements of the actio negotiorum gestorum
440
Negotiorum gestio in modern law
447
PARTY
456
Developments
466
Donatio
477
The prohibition of donationes inter virum et uxorem
484
The law of donation under Constantine
490
Donation under the ius commune and in modern law
498
Pacta and Innominate Real Contracts
508
Compromissum as Example
526
Innominate Real Contracts
532
Pacta vestita and pacta nuda
538
The position of the natural lawyers summary
544
PART VI
546
Consensus
559
Pacta Sunt Servanda
576
ErrorMistake
583
Immorality
706
Condicio and DiesConditions and Time Clauses
716
Resolutive Conditions
731
Dies
741
Termination of Obligations
748
Release
754
Compensatio
760
The Problem of Specific Performance
770
Breach of Contract
783
n Mora Debitoris
790
Reseission as a Remedy for Breach of Contract
800
Impossibility of Performance and Breach
806
Breach of contract in German law
813
Quod Interest Damages and Breach of Contract
824
PART VII
834
The Subsequent Fate of the Condictiones
857
Enrichment Liability Outside the Condictiones
873
Enrichment Remedies in Modern Law
887
The Measure of Enrichment Liability
895
PART VIII
902
The development of the law of torts
908
The origins of delict in Roman law
914
Plan of treatment
921
FurtumTheft
922
The Actions Arising from Theft
932
Furtum in the lus Commune
943
Lex Aquilia I
953
The Assessment of the Sum of Condemnation
961
The Nature of the Actio Legis Aquiliae
969
Harmful
975
Actio directa and actio in factum
981
Some Additional Reflections
988
Lex Aquilia II
998
The Protection of a Freemans Bodily Integrity
1014
Towards the Modern Generali2ed Law of Delict
1031
Actio iniuriarum Infringements of Personality Rights
1050
The Usus Modernus of the Actio Iniuriarum
1062
Defamation in English Law
1074
Compromise solutions
1080
Strict Liability
1095
Vicarious Liability
1118
Quasidelictual Liability
1126
Strict Liability in English Law
1135
Origin and Application of Art 1384 Code Civil
1141
Index of Main Sources including Table of Cases
1143
b Preussisches Allgemeines Landrecht
1188
Table of Cases
1196
c Germany
1205
Subject Index
1207
Copyright

Other editions - View all

Common terms and phrases

References to this book

All Book Search results »

About the author (1996)


Reinhard Zimmermann, Professor of Private Law, Roman Law and Comparative Legal History, University of Regensburg, Germany

Bibliographic information