The Influence of the Roman Law On the Law of England Being the Yorke Prize Essa
The Influence of the Roman Law On the Law of England Being the Yorke Prize Essa
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Xii. 14. Giit.
3 Gl. XIII. 32, 33. 174.
■* Longa enim absentia scilicet x. ^ Dig- 39, 6, 2.
annonim f. 45, b. ; longum tempus SALE. 93 mingles distinctively English matter with a free use of the Digest^. His treatment of wills is scant}'-, as the Courts Christian had cognizance of them. Wills and executors are the undoubted offspring of the Roman law^ and executors and administrators furnish the only examples of universal succession in English lawl At the time of Bracton the executor had not en...tirely superseded the heir, but the liabilities of the latter were becoming narrowed, for whereas in Glanvil the heir was bound to warrant the reasonable gifts of his ancestor*, in Bracton he was only bound to do so to the extent of the property he inherited ^ This corresponds to the limitations introduced by Justinian. But the chapter on wills, which only applied to movables, contains a certain amount of peculiarly English matter, especially with reference to the Custom of London.
On Sale, Bracton again deviates from Eoman law^ Emptio- Venditio in the Eoman system was a consensual contract ; but according to Bracton unless at the time of the agreement either an earnest {arrha) is given, or the whole or part of the price is paid, or until the contract is reduced to writing, either party can withdraw from the mere agreement^ Justinian called the arrha, argumentum emptionis, a proof, not a part of the contract, but Bracton quotes the same phrase as proving the arrha to be an essential element of a valid contract.
What to read after The Influence of the Roman Law On the Law of England Being the Yorke Prize Essa?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Edward Scrutton to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Xii. 14. Giit.
3 Gl. XIII. 32, 33. 174.
■* Longa enim absentia scilicet x. ^ Dig- 39, 6, 2.
annonim f. 45, b. ; longum tempus SALE. 93 mingles distinctively English matter with a free use of the Digest^. His treatment of wills is scant}'-, as the Courts Christian had cognizance of them. Wills and executors are the undoubted offspring of the Roman law^ and executors and administrators furnish the only examples of universal succession in English lawl At the time of Bracton the executor had not en...tirely superseded the heir, but the liabilities of the latter were becoming narrowed, for whereas in Glanvil the heir was bound to warrant the reasonable gifts of his ancestor*, in Bracton he was only bound to do so to the extent of the property he inherited ^ This corresponds to the limitations introduced by Justinian. But the chapter on wills, which only applied to movables, contains a certain amount of peculiarly English matter, especially with reference to the Custom of London.
On Sale, Bracton again deviates from Eoman law^ Emptio- Venditio in the Eoman system was a consensual contract ; but according to Bracton unless at the time of the agreement either an earnest {arrha) is given, or the whole or part of the price is paid, or until the contract is reduced to writing, either party can withdraw from the mere agreement^ Justinian called the arrha, argumentum emptionis, a proof, not a part of the contract, but Bracton quotes the same phrase as proving the arrha to be an essential element of a valid contract.
What to read after The Influence of the Roman Law On the Law of England Being the Yorke Prize Essa?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Edward Scrutton to read onlineMoreLess
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