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.
Roman law has shaped the Civil law tradition but its influence undoubtedly also extends to Common law countries. Legal institutions as well as legal reasoning reassembled in the Corpus iuris civilis have been studied for nearly one thousand years in Western Europe and have been a constant point of reference. Japanese law adopted this tradition since the Meiji-era. Roman law does not only offer a historical insight into the foundations of modern legal thinking, but can also be a useful tool for deeper understanding and analysis of current legal problems. The international seminar held at the University of Kyushu in February 2016 intended to show the validity of Roman law for contemporary legal practitioners facing current challenges by looking at selected issues. Das römische Recht hat die Tradition des Civil law geprägt, aber ohne Zweifel auch das Common law beeinflusst. Die Rechtsinstitute und die rechtliche Argumentation, welche im Corpus iuris civilis gesammelt sind, stehen in Westeuropa seit über tausend Jahren im Zentrum juristischer Studien und bilden auch im Japanischen Recht seit der Meiji-Ära einen wichtigen Bezugspunkt. Allerdings erlaubt das römische Recht nicht nur einen Zugang zu den historischen Grundlagen des modernen Rechtsdenkens; vielmehr kann es auch als Instrument zum tieferen Verständnis und zur Analyse aktueller Rechtsprobleme dienen. Die internationale Tagung an der Universität Kyushu im Februar 2016 verfolgte den Zweck, anhand ausgewählter Rechtsfragen den zeitlosen Wert des römischen Rechts auch für die Herausforderungen der heutigen Jurisprudenz aufzuzeigen.
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.
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