Search results for "ius singulare"
showing 3 items of 3 documents
Beneficia imperiali e 'logica del sistema'. Spunti di metodo tra le righe di Alberto Burdese.
2016
The contribution deals with some hermeneutical positions of classical Jurists concerning the beneficia imperialia from the point of view of their deviating from the ‘ratio iuris’. The Author – by recalling the metodological warning of Alberto Burdese about paying vigilant and cautious attention for the textual data – examines some sources which regard the relationship between beneficia and regulae iuris and between beneficia, aequitas, utilitas and the attribution of the interpretation of beneficia directly to the Emperor.
«Favor dotis» e singolari interpretazioni in tema di «ius singulare»
2018
This paper shows that the Roman law of dowry cannot be categorised as ius singulare, as Stagl believes, and that there is no evidence in our sources to support his opinion about the existence of a Gaius’ «didactic system» in law teaching. Even Stagl’s most recent attempt to affirm those ideas is based upon a misinterpretation of the Roman sources and is affected by methodological fallacies.
La dote, il ius singulare e il ‘sistema didattico’ di Gaio
2016
This paper discusses the idea that the gap regarding the dowry in Gaius’ Institutes is due to the fact that Gaius intentionally did not deal with this subject because he considered it as 'ius singulare' and that this omission was filled in by a 'liber singularis' outside the Institutes. The existence of a "didactic system" made up of the Gaius’ Institutes and four 'libri singulares' for the classical age of Roman Law is also disputed.