Importance of the Study of Argentine And Brazilian Civil Law: Opening ...
Importance of the Study of Argentine And Brazilian Civil Law: Opening ...
Enrique Gil
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Beale, in his Law of Bailments, quotes as authorities on the subject Chief Justice Holt, Sir William Jones, Joseph Story, Isaac Edwards, and these jurists refer us to their authorities, Bracton and the Civil Law. In Nugent vs. Smith the Master of the Roll said : "No one who has read Story and Sir William Jones on Bailments, and the judgments of Lord Holt in Coggs v. Bernard, can doubt that the Common Law of England as to bailments is founded upon, though it has not exactly adopted, the Roman La...w. It is true that Lord Holt rests as for authority solely on Bracton, but the treatise of Bracton adopts all the divi- sions of Roman Law in the very words of the Roman text, and further adopts the exception of the ^^nian Law and the Roman reason for it. It is obvious that Bracton or Digitized by VjOOQIC 40 English judges before him adopted into the English, the Roman Law." The case of Coggs vs. Bernard is considered the proper test. The facts are as follows : Coggs, the plaintiff, declared that Bernard, the defendant, offered to take up several hogs- heads of brandy then in a certain cellar and to lay them safely down again in a certain other cellar.
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