Roman-Frisian law of the 17th and 18th century

Voorkant
Duncker & Humblot, 2020 - 291 pagina's
This book deals with the foundations of legal practice in Friesland in the 17th and 18th century, specially with the way in which the Court of Friesland made use of the texts of the ius commune in it's judgements. With the help of the until now unexploited archives of the Frisian Court a selection of civil cases and legal opinions has been made which will not only interest the legal historian but the modern lawyer as well. Legal problems about for example minority, assignment, encumbrances, liability, sale, tort etc. are explained and discussed.The practical solutions of the Court based on Roman law texts taken from the Justinian Corpus Iuris Civilis enlarge the knowledge of the reader and his comprehension of the dogmatic and historical aspects of each case. If possible a comparison with Roman-Dutch law is made and each chapter ends with a reference to modern Dutch laws, illustrating the 'eternity' of the legal problems dealt with. The book also makes clear why the Frisians considered themselves as most tenacious adherents of Roman Law: juris Romani tenacissimi. Convinced of themselves the Frisians members of the Court travelled along the 'pure' Roman highway while the jurists of other provinces and countries often had left the road and taken sidepaths. The book shows us that we in fairness may speak of an independent branch in the big tree of the ius commune: Roman-Frisian law.
 

Inhoudsopgave

Preface
11
Chapter
12
Chapter
15
The jurisdiction of the Court of Friesland 2288
20
The applicable law
21
The mutual relationship between Frisian and Roman law
28
Conclusion
30
Chapter II
33
The applicability of the concept of laesio enormis in the case of a public auction
162
The case of Eentjes versus Ydema
164
Legal and factual basis of the arguments and counterarguments
165
Conclusion
167
Chapter X
171
Nyncke Heinsius and her fellow heirs versus the churchwardens of Akker woude
172
The vendors indemnification obligation under Roman law in cases con cerning charges and burdens attaching to real property
174
RomanDutch law
179

Patria potestas
35
Minority and patria potestas in everyday practice
36
The applicability of the senatus consultum Macedonianum
38
The grant and ratification of an hypothec
40
the exceptio non numeratae pecuniae
43
dolus deceit
46
Conclusion
48
A closer look at the case of Wigeri and Beerents v Feijens and others
52
Conclusion
66
Error of
73
Renunciation
81
Assignment under the ius commune
87
Personal knowledge on the part of the debtor
95
Chapter VI
103
Roman law or Germanic law?
104
RomanDutch law
109
The case of Fenema versus Heringa or the position under RomanFrisian law
115
ruinous to all traders?
124
Jus apud Frisios utentes doctrina juris Justinianaei
125
Chapter VII
128
In a proper manner
129
The communis opinio doctorum
135
RomanDutch law
136
Back to the proceedings between Bruinsma and Jans and RomanFrisian law
138
Chapter VIII
141
A closer look at the law governing testamentary dispositions
142
The cautio Socini
144
Cramer versus Cramer
145
A further look at the cautio Socini
150
A few incidental remarks concerning private international law
153
Conclusion
155
Chapter IX
158
Laesio enormis in RomanFrisian law
159
RomanFrisian law
184
Conclusion
193
Chapter XI
195
Roman law
196
RomanFrisian law
198
The arguments advanced in the case of Roels versus Rispens
199
Does a sale not break hire?
202
Conclusion
204
Rights of action arising from a tort
206
The litis contestatio
209
Penalties and the calculation of damages in cases of injury
214
Compensation for pain and suffering
222
Conclusion
225
Chapter XIII
229
The legal relationship between a lawyer and his client under Roman law
230
The honorarium
232
The concept of a reasonable honorarium in the ius commune
235
Incorrect judicial decisions
237
The condictio indebiti founded on an incorrect judicial decision
240
Restitutio in integrum
245
Professional liability
247
Conclusion
250
Chapter XIV
252
The case of Sierck Lieuwes versus the States of Friesland
254
The basis of the Courts decision
258
Conclusion
259
RomanDutch law
264
RomanFrisian law
265
Conclusion
268
Concluding observations
269
Bibliography Full titles of works cited under their abridged titles
287
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