Law (Department)
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Item Compulsion in Roman Law(2006-04-13T15:42:56Z) Du Plessis, JacquesAn overview of metus and condictio in Roman law.Item The Recovery of Benefits Conferred Under Illegal or Immoral Transactions(2006-04-13T13:11:19Z) Meyer-Spasche, RitaAn overview of the condictio ob turpem causam in Roman lawItem Numerus Clausus and the Development of New Real Rights in South Africa(2005-11-04T11:20:26Z) Merwe, Cornelius van derThis paper provides a general background to the development of real rights in South Africa, provides illustrations of the recognition of new real rights within the traditional categories, and suggests how the present problem can be clarified.Item Modern Application of the Roman Institution of fiducia cum creditore contracta(2005-11-04T11:13:56Z) Merwe, Cornelius van derThe author illustrates the modern application of the Roman fiducia cum creditore contracta by reference to the South African case of Nedcor Bank Ltd v Absa Bank Ltd 1998 2 SA 830 (W).Item Adam Smith and Roman Servitudes(2005-11-03T14:31:04Z) Metzger, ErnestThis essay discusses Adam Smith historical jurisprudence and his use of Roman law materials in his Lectures on Jurisprudence. It argues that Smith found it difficult to maintain his theory of legal development in the face of a highly developed body of Roman law literature.Item The Case of Petronia Iusta(Office international de librairie, 2000) Metzger, ErnestThis article examines a lawsuit from the 70s AD, concering a young woman from Herculaneum.Item Postscript on nova species and Kinloch Dampf Ltd. v. Nordvic Salmon Farms Ltd.(Roman Law Society of America, 2004) Metzger, ErnestThis article examines a case from the outer house of the Court of Session in Scotland. The case deals with the ownership of living things, and in particular the issue whether a person can become owner of a living thing via the civilian doctrine of specification.Item Roman Law in Britain(Berlin: Duncker & Humblot, 2000) Evans-Jones, RobinThe paper discusses, first, how classical Roman law can become highly suffused through exposure to a more unusual influence: English law; second, how it has nevertheless proved, on occasion, to be inspirational for English law; and third, why the fact of that influence has sometimes had to be suppressed. The bridge between Roman law and English law is provided by Scotland.Item Quare? Argument in David Daube, After Karl Popper(Roman Law Society of America, 2004) Metzger, ErnestThis article considers the method of argument favoured by David Daube (1909-1999), a scholar of Roman and biblical law. It suggests that Daube used a method of argument championed by Karl Popper (1992-1994), a philosopher of science.