Obrázky na stránke
PDF
ePub

torical School.

He was a jurist at the same time theoretical and practical; and as an investigator of the sources, and an historian of Law and editor, distinguished by great learning.

Joh. Christ. Hasse (1779-1830).

G. Friedrich Puchta (1798–1846), eminent as a legal historian, but especially as an interpreter, for an acute method and exact development of legal conceptions, as well as by a spirited and elegant style.

C. F. Mühlenbruch (1785-1843).

H. E. Dirksen (1790-1868), legal historian, lexicographer, and original critic of the sources.

Friedrich Ludw. v. Keller (1799–1860), of note as a legal historian, especially for his original treatment of the Roman Civil Procedure; eminent also as an interpreter, and in the exegesis of the sources by sagacity and practical insight.

Carl Ad. v. Vangerow (1808-1870).

Ed. Böcking (1802–1870), distinguished by comprehensive philological learning, as a careful, critical editor of the sources, and as treating the Roman classical Law with originality and depth of thought.

C. Georg v. Wächter (1797-1880), especially an interpreter of Law of a more practical tendency, who has done good service to the scientific depth and many-sided development of the modern Law by the comprehensive value of his penetrating and profound investigations for the shaping of practical legal life.

For a comprehensive survey of the history of Roman Law in various European countries since the Renaissance, and biographical notices, see Rivier, 'Introduction historique au droit Romain,' pp. 555-637. For England see Hale, History of the Common Law,' ch. ii.; Reeves, 'History of the

[ocr errors]
[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

English Law;' Savigny, 'History of the Roman Law during the Middle Ages,' vol. i. ed. by Cathcart, 1829; Spence, 'Inquiry into the origin of the Laws and Political Institutions of Modern Europe,' &c., 1826, and Equitable Jurisdiction of the Court of Chancery,' vol. i. 1846; Güterbock, 'Bracton and his relation to the Roman Law,' ed. by Coxe, 1866; Clark, Practical Jurisprudence,' pp. 306–310; Hunter, Roman Law in the Order of a Code,' 2nd ed. 1885, pp. 107–116. For Scotland see Lord Mackenzie, 'Studies in Roman Law,' pp. 42, sq.

Chronological résumé of principal matters noticed in §§ 7-16, from the Decemviral Legislation.'

[merged small][merged small][ocr errors][ocr errors][merged small][merged small]

4. Lex Iulia (de maritandis ordinibus).
9. Lex Papia Poppaea.

131. SCtum giving effect to Edictum Sal

[blocks in formation]

1

Comp. the comprehensive Tables in Rivier, pp. 129-33, 277-80, 437-40, or Roby, pp. cclxxiv., sqq.

A.D.

212. Papinian put to death.

228. Ulpian

284. Accession of Diocletian.

circ. 300. Gregorianus Codex.

330. Imperial Government transferred to Con-
stantinople.

circ. 350. Hermogenianus Codex.

426. Law of Citations.

438. Publication of Codex Theodosianus.
506. Lex Romana Visigothorum.

527. Accession of Justinian.

529. Publication of Codex vetus.

[merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small]

565. Death of Justinian.

886-910. Publication of Basilica.

circ. 1100. Rise of the Law School at Bologna;

[merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][ocr errors][merged small][merged small][ocr errors]

[1748-1832. Bentham.]

1803. Publication of Savigny's treatise on Posses

sion.

1814. Foundation of the German Historical School
of Jurisprudence.

[1828-1832. Delivery of Austin's

Jurisprudence': English
School."

[ocr errors]

a See' Fortnightly Re

Lectures on view, Nos.

clxxix. pp.

ANALYTICAL 475-487, clxxx.

pp. 682, 897.

Ibid., Nos.

'Ancient clxxix. pp.

1861. Publication of Sir H. Maine's
Law': English HISTORICAL School."]

487-492, clxxx. pp. 114, 8qq.

A.D.

[1872. New scheme published by the Council of Legal Education: some knowledge of the Roman Civil Law rendered compulsory for Examinations at the Inns of Court.]

[blocks in formation]

COMMENCEMENT AND TERMINATION OF RIGHTS. tion of a 'legal

§ 17. IN GENERAL.

right.'

and Lindley, Intn. to Juris

also the differ

ology of

EVERY right supposes a SUBJECT, or Person capable cr. § 6 of being subject of rights, an OBJECT which can be governed by Law, and a FACT with a legal basis, i.e., an prud. App. ii. ; external act or event by which, in consequence of an ent terminexisting rule of law, the Object is brought into relation Holland, pp. with the Subject, is brought under the control of his 69, 899. will. A right arises, is acquired by a person, when the Object is brought under the legal control of a Subject of rights; it terminates, passes from the person, upon the introduction of a Fact which destroys that control.

Every acquisition of a right is either original, immediate, primordial,' i.e., the right in question arises altogether for the first time as a new one in the person of the party acquiring (e.g., acquisition of property by occupation or prescription); or it is 'derivative,' i.e., the right already exists in the person

« PredošláPokračovať »