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SIHDA Abstracts LXXIIIe Session De La Société Internationale Fernand De Visscher Pour L’histoire Des Droits De L’antiquité 3-7 September 2019 Edinburgh, UK ABSTRACTS RÉSUMÉS RIASUNTI RESÚMENES ZUSAMMENFASSUNGEN INDEX OF AUTHORS G GARCIA LUDEÑA, MARIA INDEX DES AUTEURS TERESA 19 INDICE DEGLI AUTORI GIANNELLA, NICOLE 19 GIGLIO, FRANCESCO 20 ÍNDICE DE AUTORES GIRDVAINYTE, LINA 20 GOMEZ-BUENDIA, INDEX DER AUTOREN CARMEN 21 GÜNVEREN, GÜZIDE BURCU 21 A CHAMIE, JOSÉ FÉLIX 11 AINSLIE, JONATHAN 4 CHORUS, JEROEN M.J. 12 H AKIPEK ÖCAL, ŞEBNEM 4 COHEN, EDWARD E. 12 HAYASHI, TOMOYOSHI 21 ALONSO, JOSÉ LUIS 4 CORCORAN, SIMON 13 HEIRBAUT, DIRK 21 AMUNÁTEGUI PERELLÓ, CUNNINGHAM, GRAEME 13 HELD, HENRIK-RIKO 22 CARLOS 5 CUSMÀ PICCIONE, HERRMANN, ANDREAS 22 ARMGARDT, MATTHIAS 5 ALESSANDRO 14 HERZ, ZACHARY 23 ATZERI, LORENA 5 CZECH-JEZIERSKA, BOŻENA 14 HOOF, VINCENT VAN 23 B D I BABLITZ, LEANNE 5 DAALDER, ELSEMIEKE 14 IGIMI, MARIKO 23 BEHEIRI, NADJA EL 5 DE IULIIS, FEDERICA 15 ISOLA, LISA 24 BEMMER, JAQUELINE 6 DIECKMANN, SONJA 15 ISRAELOWICH, IDO 24 BENFERHAT, YASMINA 6 DIMOPOULOU, ATHINA 15 BERTOLDI, FEDERICA 6 DONATO, GIUSEPPE DI 16 J BESSON, ARNAUD 7 DONDORP, HARRY 16 JAKAB, EVA 24 BLANCH NOUGUÉS, JOSÉ MARÍA 7 DYJAKOWSKA, MARZENA 16 JÁNOS, ERDŐDY 24 BLICHARZ, GRZEGORZ JOŃCA, MACIEJ 25 JAN 7 E BOB, MIRCEA DAN 8 ERNST, WOLFGANG 17 K BOBBINK, RIAN 8 ESCUTIA, RAQUEL 17 KABAT-RUDNICKA, BÓNÉ, EMESE VON 8 DANUTA 25 BRAVO BOSCH, MARÍA F KACPRZAK, AGNIESZKA 25 JOSÉ 9 KANTOR, GEORGY 26 FERNÁNDEZ DE BUJÁN, FEDERICO 17 KARAMBELAS, DIMITRIS 26 C FINKENAUER, THOMAS 18 KARLOVIĆ, TOMISLAV 26 CANDY, PETER 9 FINO, MICHELE ANTONIO 18 KASAI, YASUNORI 26 CAMBRIA, CARLA 10 FORGO-FELDNER, BIRGIT 19 KAYAK, SEVGI 27 CARBONE, MARIATERESA 10 FORSTER, DORIS 19 KERR, WILLIAM 27 CARRASCO GARCÍA, FUENTESECA, KLAUSBERGER, PHILIPP 28 CONSUELO 10 MARGARITA 19 KOOPS, EGBERT 28 CASAS LEÓN, MARÍA ETELVINA DE LAS 11 KOWALCZYK, BEATA J. 28 CERNOCH, RADEK 11 KRAUSLER, NIKOLAUS 29 L R U LAMBRINI, PAOLA 29 RISTIKIVI, MERIKE 40 UCARYILMAZ, TALYA 51 LAZO, PATRICIO 30 RIZZI, MARIAGRAZIA 40 URBANIK, JAKUB 51 LERACZYK, IZABELA 30 RODRÍGUEZ DIEZ, JAVIER 41 LINARES, JOSÉ 30 ROSARIO GURIDI RIVANO, V ŁOCHOWSKI, PIOTR 31 MAR DEL 41 VALLEJO PÉREZ, GEMA 51 LOGINOV, ALEXANDR 31 RUELLE, ANNETTE 42 VIARO, SILVIA 52 LONGCHAMPS DE BÉRIER, FRANCISZEK 31 S W LORUSSO, ALBERTO 32 SALWAY, BENET 42 WALLINGA, TAMMO 52 LOSKA, ELŻBIETA 32 SAMPSON, JOE 42 WIEWIOROWSKI, JACEK 52 LUČIĆ, ZDRAVKO 32 SANSÓN RODRÍGUEZ, WINKEL, LAURENS 52 LUCREZI, FRANCESCO 45 MARÍA VICTORIA 42 SASAKI, TAKESHI 43 WOJTCZAK, MARZENA 53 SCARCELLA, AGATINA M STEFANIA 43 Y MAGALHÃES, DAVID 33 SCHEIBELREITER, PHILIPP 43 YOSHIMURA, TOMOYO 53 MATAIX FERRANDIZ, EMILIA 33 SCHIAVO, SILVIA 43 YOUNI, MARIA S. 53 MAUER, QUINTIJN 8 SCHIELE MANZOR, CAROLINA 44 MILANI, MATTIA 34 Z SIMELIUS, SAMULI 44 ZOLLSCHAN, LINDA 54 MILOTIĆ, IVAN 34 SIIMETS-GROSS, HESI 40 MUSSO, BENJAMÍN 35 SIMONETTI, CRISTINA 45 SORKA, KAMIL 45 N SOZA RIED, MARÍA NICZYPORUK, PIOTR 35 ÁNGELES 45 NOVÁK, MAREK 36 STAGL, JAKOB 46 NOVITSKAYA, ANNA 36 STANKOVIĆ, EMILIJA 46 NOWAK, MARIA 36 STLOUKALOVÁ, KAMILA 46 SUGAO, AKIRA 47 O ORIVE, ELENA QUINTANA 37 T ÖNCÜL, AYŞE 37 TANAKA, MINORU 47 TANEV, KONSTANTIN 47 P TANTALOS, MARIOS 48 PEINHOPF, MARLENE 37 TARWACKA, ANNA 48 PELAEZ, JULIO 37 TERRANOVA, FRANCESCA 48 PENNITZ, MARTIN 38 THOMAS, PHILIP 49 PERRY, DAVID 38 THÜR, GERHARD 49 PÉTER, ORSOLYA MÁRTA 39 TORT-MARTORELL, PLISECKA, ANNA 39 CARMEN 49 POLOJAC, MILENA 39 TRITREMMEL, DAVID 50 TSUNO, GUIDO 50 PUGSLEY, DAVID 40 TUCCILLO, FABIANA 50 TUORI, KAIUS 50 broader pattern of Diocletian legal- ways in which private ownership of res A economic policy, which sought to bind mancipi and res nec mancipi could be JONATHAN AINSLIE the smallholding coloni more closely to transferred. An owner could, by limiting University of Edinburgh |United the land they worked and prevent them his/her ownership, create other rights Kingdom moving between different estates in wich had the same character as real order to stabilise revenues. rights. In that way limited real rights began to evolve and develop. But they This paper will build on these insights were also limited in number, so the Commutative Justice under the by combining an analysis of rent principle of numerus clausus emerged. Tetrarchy: An Analysis of laesio remission and laesio enormis. It will enormis and Rent Remission argue that Diocletian legal-economic The same principle is still operative in policy developed a specific approach most civil-law systems including Turkish to issues of commutative justice, or law. However, a completely different Keywords: Diocletian, Tetrarchy, rent, justice in transacting. This emphasised approach is followed in respect of prices, economics a greater role for the imperial court as personal rights. As for the personal a source of moral authority, perhaps rights, contrary to this principle, there is anticipating the later ‘confessional’ state no limit in number or type. Many legal obligations in the Roman of the Justinian period (Sarris and Miller Personal rights are usually created by Empire were underpinned by economic 2018). However, this approach was contracts and in contracts personal transactions between one or more also deeply pragmatic: the harshness rights can only be enforced against parties. It was common for one of these individual economic transactions was the other party to the contract. In the parties to have less bargaining power ameliorated as far as necessary to law of contracts, the basic principle is than the others. Several petitions from achieve greater economic and fiscal that of contractual freedom. In other the Tetrarchy concern scenarios where stability. words, freedom of contract is based on a weaker party has found themselves in mutual agreement and the free choice economic distress in consequence of of the parties. Therefore, the parties their transaction with a stronger party. ŞEBNEM AKIPEK ÖCAL may conclude any type of contract they These include transactions where one ED University |Turkey want, and they may also create new party has fallen into arrears on their rent, types of contracts. Freedom of contract as well as where one party has been is recognized as a general principle of compelled to accept a significantly Real Rights and the Principle of the civil law by the European Court of higher price for a good or service than Numerus Clausus Compared to Justice. But this freedom has also some the market clearing rate. Personal Rights and the Freedom of limits. These limits are mostly imposed These petitions arrived at a time Contract: a Comparative Analysis by law. when the Empire was recovering from of Roman Law and Turkish Law In this paper, starting from Roman a period of economic and political times, the evaluation of real rights and disruption. During the dynastic crisis personal rights will be explained and which followed the death of Alexander Keywords: Real right, personal right, both concepts shall be compared Severus, trading links across the numerus clausus, freedom of contract, especially from the point of view of Mediterranean had been disrupted Turkish Law the principle of numerus clausus. The and Roman patterns of production situation in Turkish law regarding both and consumption fragmented. The rights shall also be introduced. structure of the imperial government One of the most important concepts had undergone significant changes, in law is that of ‘absolute rights’. with a much larger central imperial staff An absolute right is a right that can JOSÉ LUIS ALONSO and an increased willingness to attempt be asserted against and has to be interventions in economic transactions, respected by every person. There are Universität Zürich |Switzerland as demonstrated by the Diocletian price several types of absolute rights. An edict and currency decree. Even before absolute right may be against a person, the third century, long term trends in the like the personal right; or it may be Jurisdiction and the Law structure of the agrarian economy were against property, like real rights. In Civil affecting the law. Law, the real right refers to a right that is attached to a property, rather than Keywords: jurisdictional discretion, legal Analysis of Diocletian legal doctrines a person. Real rights include several norm, peregrine law from an economic perspective have different types, namely ownership, so far focused on the need to balance usufruct, mortgage, pledge, easement the interests of stronger and weaker of habitation and servitudes. In 1883, August Schultze famously landholders, with an emphasis posited that the jurisdictional discretion on ensuring that land remained in In Roman law, real rights, especially behind the rise of the ius honorarium productive use even where tenants have ownership, were always bee regarded inevitably entailed the abrogation of the fallen into arrears (Kehoe 2007). This as important concepts. Private old ius civile as law: in the heyday of reflected a broader desire to stabilise ownership, especially, played a central the formulary procedure ius civile was production after the disruption of the role in all periods of Roman law. In the no longer law; only the law imposed by earlier third century. It also fits into the early years there were two different 4 the magistrate for each concrete case Causation and Counterfactual Keywords: legal hearings, chalcidica, formally existed (Schultze, Privatrecht Reasoning in Roman Law and Eumachia, Pompeii, archive of Sulpicii und Process in ihrer Wechselbeziehung, Modern Jurisprudence Freiburg i. B. 1883, 384). Within the archives of the Sulpicii More than a hundred years later, Hans Keywords: causation, Roman law, family (first century C.E.) we find Julius Wolff came to a similar conclusion jurisprudence record of both legal activities and regarding Roman Egypt. The fall of the sales of slaves taking place at the Ptolemies created a legal vacuum: chalcidica. Three different chalcidica all existing law ceased to be such, The counterfactual approach of are attested as being located in Puteoli: because it was no longer binding for the causation is under attack in modern the Hordonianum, the Octavianum, Roman administration; and even though legal theory.
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