Historical Introduction to the Private Law of Rome
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372 sq.
11 Literature: Savigny, " Ueber den Literalcontract der Rb'mer " (originally 1816, with additions in 1849), in his Verm. Schriften, vol. I. P. 205 sq. ; Keller, in Sell's Jahrb. F. Hist. U. Dogm. Bearbcit. Des Rom. Rechts, vol. I. (1841), p. 93 sq. ; Gneist, Die formetten Vertrdge d. Rom. Rcchts (Berlin, 1845), p. 321 sq. ; Heimbach, Die Lehre vom Creditum (Leipsic, 1849), p. 309 sq. ; Pagenstecher, De literar. Olligatione, &c. , Heidelberg, 1851 ; Danz, Oesch. D. Rom. Rechts, vol. Ii. ...P. 42 sq. (where there is a resume of the earlier literature and principal theories) ; Gide, in Rev. De Leyislat. , vol. Iii. (1873), p. 121 sq. ; Buonamici, in Arch. Giurid. , vol. Xvi. (1876), p. 3 sq. ; Gide, Etudes sur la Novation (Paris, 1879), p. 185 sq. ; Barou, Die Condictionen (Berlin, 1881), 11, 12.
12 Introduced by the Silian law with reference to the ley is actio per condic- 276 THE NOMINA TRANSSCRIPTICIA. [SECT. 53.
Cicero's argument was that as certa credita pecunia could arise only from loan, stipulation, or expensilation (a popular name for literal contract), and neither of the two first was averred, the ground of action must have been the last.
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To quickly assess the difficulty of the text, read a short excerpt:
372 sq.
11 Literature: Savigny, " Ueber den Literalcontract der Rb'mer " (originally 1816, with additions in 1849), in his Verm. Schriften, vol. I. P. 205 sq. ; Keller, in Sell's Jahrb. F. Hist. U. Dogm. Bearbcit. Des Rom. Rechts, vol. I. (1841), p. 93 sq. ; Gneist, Die formetten Vertrdge d. Rom. Rcchts (Berlin, 1845), p. 321 sq. ; Heimbach, Die Lehre vom Creditum (Leipsic, 1849), p. 309 sq. ; Pagenstecher, De literar. Olligatione, &c. , Heidelberg, 1851 ; Danz, Oesch. D. Rom. Rechts, vol. Ii. ...P. 42 sq. (where there is a resume of the earlier literature and principal theories) ; Gide, in Rev. De Leyislat. , vol. Iii. (1873), p. 121 sq. ; Buonamici, in Arch. Giurid. , vol. Xvi. (1876), p. 3 sq. ; Gide, Etudes sur la Novation (Paris, 1879), p. 185 sq. ; Barou, Die Condictionen (Berlin, 1881), 11, 12.
12 Introduced by the Silian law with reference to the ley is actio per condic- 276 THE NOMINA TRANSSCRIPTICIA. [SECT. 53.
Cicero's argument was that as certa credita pecunia could arise only from loan, stipulation, or expensilation (a popular name for literal contract), and neither of the two first was averred, the ground of action must have been the last.
What to read after Historical Introduction to the Private Law of Rome?
You can find similar books in the "Read Also" column, or choose other free books by James Muirhead to read onlineMoreLess
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