![]() ![]() ![]() Proculians countered that eidos is the decisive factor for a fate of a thing. Sabinians, following Stoicism, argued that in these areas hyle ‘substance’ supersedes eidos ‘form’. Greek influence is especially evident in classical Roman thinking on accession and specification. They say that the Sabinian school was the student of Stoicism, while the Proculian school followed Aristotle or Peripateticism. Most modern Romanists consider these schools to be influenced to some extent by Greek philosophy. Two law schools in Rome, the Sabinian school and the Proculian school, remained influential from the late Republic throughout the classical period. Corpus ex distantibus was the most disputed of the three. Cattle were so important in Roman society that Roman jurists developed the regulation on cattle on a full scale. Corpus ex distantibus was not a single thing, but a bundle of independent things, such as a herd of cattle.A plaintiff could not have won a case without specifying the thing in question.Īt a theoretical level, Roman jurists identified three kinds of "thing": (1) A public or universal right to initiate a lawsuit or. Fellmeth, Maurice Horwitz Action at law of the people. However, Roman law was much more particular about the specification of the "thing". Source: Guide to Latin in International Law Author(s): Aaron X. The function of rei vindicatio remains the same in most modern legal systems as it was in ancient Rome. Rei vindicatio was derived from the ius civile, and therefore was available only to Roman citizens. With the aid of the actio legis Aquiliae (a personal action), the plaintiff could claim damages from the defendant. ![]() If the thing could not be recovered, the plaintiff could claim damages from the defendant with the aid of the condictio furtiva (a personal action). The plaintiff could also institute an actio furti (a personal action) to punish the defendant. It may be used only when the plaintiff owns the thing, and the defendant has wrongly claimed or assumed possession of the same thing, and is currently impeding the plaintiff's possession of the thing. Rei vindicatio is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. ( November 2013) ( template removal help) Please help to improve this article by introducing more precise citations. This article includes a list of references, related reading, or external links, but its sources remain unclear because it lacks inline citations. ![]()
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |