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Science/Engineering The Law of Obligations - Roman Foundations of the Civilian Tradition

Posted on 2010-11-03




Name:Science/Engineering The Law of Obligations - Roman Foundations of the Civilian Tradition
ASIN/ISBN:0702123471
File size:23.4 Mb
Publisher: Juta Legal and Academic Publishers
ISBN: 0702123471
Publish Date: edition 1990
File Type: PDF
Pages: 1301 pages
File Size: 23.4 mb
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The Law of Obligations - Roman Foundations of the Civilian Tradition

This scholarly survey of the Law of Obligations from classical to modern times is a marvellous work of historical synthesis which discusses each contract, tort, and liability based on unjust enrichment with great clarity, and traces their development over hundreds of years through the legal systems of Europe. Not merely a work of Roman legal scholarship, it is a treasure-house of ideas and arguments as well as information and scholarship relating to the Law of Obligations.

'This book', as James Gorley writes in the Americal Journal of Comparative Law 'is an account of the Roman roots of the modern law of contract, tort and unjust enrichment ... A principle goal is to show that the Roman legal tradition is a key to understanding modern law. For that reason, althought the book contains a magisterial treatment of the development of ancient Roman law, it does not, like the typical work on the subject, leave off with Justinian. It describes how Roman law was modified, beginning with the legal renaissance of the twelfth century, to form a ius commune, a law common to continental Europe. It shows how the Roman tradition shaped the national legal systems that emerged when the ius commune fragmented ... describes how Roman law has influenced the English common law.'' American Journal of Comparative Law

'Reinhard Zimmermann's study of the Roman law of obligations has been justly praised, and it is now well known, not only for its intrinsic excellence, but also for the manner in which it has opened up a dialogue between lawyers of the Civilian and Common law traditions...The book is indeed the most extraordinary tour de force of erudition lucidly expounded. The publication of the paperback edition at a reasonable price is thus to be welcomed...stimulating and thought-provoking...Oxford University Press is to be congratulated in publishing a translation of one and a relatively inexpensive edition of the other. Both are important books.'

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