Explore
Apparenza del diritto e rapporti di fatto nell'esperienza giuridica di Roma antica
Francesca Rossi
2020
0 Ungluers have
Faved this Work
Login to Fave
The thesis examines the dialectic between fact and law in the juridical experience of Rome in the light of the principle of appearance of law. For each of the main manifestations of the principle of appearance (apparent heir, apparent creditor, apparent representative) a possible historical antecedent in Roman law (possessor pro herede, falsus creditor, falsus procurator) is identified, a detailed analysis of which is proposed, taking into account ancient sources and doctrinal interpretations. Subsequently the ‘de facto’ family relationships (more uxorio relations, matrimonium iniustum and concubinage) are examined, since they can in turn be traced back to the principle of appearance. In its questioning of the reasons of the extension of the juridical discipline to the apparent case, the research identifies a common tendency to the various phenomena that, although heterogeneous, express the same tension between fact and law present in the legal systems of every historical epoch.
This book is included in DOAB.
Why read this book? Have your say.
You must be logged in to comment.
Rights Information
Are you the author or publisher of this work? If so, you can claim it as yours by registering as an Unglue.it rights holder.Downloads
This work has been downloaded 41 times via unglue.it ebook links.
- 41 - pdf (CC BY) at OAPEN Library.
Keywords
- appearance of law
- de facto family relationships
- falsus procurator
- Jurisprudence & general issues
- Law
- possessor pro herede
- Roman law
- Systems of law
Links
DOI: 10.36253/978-88-5518-073-3Editions