Law Commons^™

Towards A New Hypothesis Of The 'Legio Actio Sacramento In Rem', Alan Watson

Scholarly Works

According to Gaius, the form of the 'legis actio sacramento in rem' was as follows:

A. Hunc ego hominem ex iure quiritium meum esse aio secundum suam causam. Sicut dixi, ecce tibi vindictam imposui. (As he said this he 'festucam imponebat').

B. (Eadem dicebat e faciebat). Praetor. Mittite ambo hominem.

A. Postulo anne dicas qua ex causa vindicaveris.

B. Ius feci, sicut vindictam imposui.

A. Quando tu iniuria vindicavisti, quingenario (or 'quinquagenario') sacramento te provoco.

B. Et ego te.

A & B to the witnesses. Testes estote.

It is, I think, universally accepted first that both parties to the action …

Identity Of Sarapio, Socrates, Logus And Nilus In The Will Of C. Longinus Castor, Alan Watson

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This article examines the Will of C. Longinus Castor which was executed and sealed on 17th of November 189 A.D. The Will names five different individuals as beneficiaries and this article examines the relationship between them and C. Longinus Castor.

Determining The Law Governing Performance In International Commercial Arbitration: A Comparative Study, Gabriel M. Wilner

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Persons entering into commercial agreements of a transnational nature have often shown a preference for the arbitration tribunal rather than the court of law as the instrument for settling disputes which may arise between them.

The parties, who may be either individuals or legal persons, such as corporations, manifest their desire to employ arbitration by providing for its use in the arbitration clause of the contract. It is generally agreed that such a clause, whether or not it is considered as part of the main contract, is consensual in nature. But the significance of the agreement to arbitrate is determined …

Appointed Counsel In Criminal Prosecutions: A Study Of Indigent Defense, Ronald L. Carlson

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Attorney Carlson surveyed Iowa for the American Bar Association's study of the defense of indigent accused persons, and in this Article the results of that study are disclosed. The author sets forth recent constitutional developments involving appointments of counsel in criminal cases, then reviews criminal procedure and practice as it relates to the indigent. Survey techniques utilized in the study are revealed, and the responses obtained from jurists, prosecutors, and defense attorneys throughout the jurisdiction are detailed. Finally, he advances recommendations to assist in meeting the challenge of justice for the poor.

Comments - The Fine Arts: What Constitutes Infringment, Joseph G. Cook

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No abstract provided.

The Fine Arts: What Constitutes Infringement, Joseph G. Cook

Scholarly Works

No abstract provided.

'Apochatum Pro Uncis Duabus', Alan Watson

Scholarly Works

Two of the Transylvanian sale triptychs contain the clause 'apochatum pro uncis duabus.' The first document dates from 142 A.D., the second from 160 A.D. What meaning is to be attributed to 'apochatum (or apochatam) pro uncis duabus', literally 'receipted for two ounces'?

The real explanation, I suggest, is that 'apochatum pro uncis duabus', 'receipted for two unciae', refers to the present 'mancipatio', not to a previous one, and that the point of the clause is to limit the 'actio auctoritatis' to four 'unciae', a negligible sum.

Consensual 'Societas' Between Romans And The Introduction Of 'Formulae', Alan Watson

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A very common view still held seems to be that until the second half of the second century B.C. and the passing of the 'lex Aebutia', 'formulae' were not available in actions between 'cives'. This has been very forcefully attacked, especially by Kunkel and Kaser, and the purpose of the present note is merely to add another argument to theirs.

The Form And Nature Of 'Acceptilatio' In Classical Roman Law, Alan Watson

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Until recently, it would seem to have been agreed among Romanists that in early classical roman law only one form of words, namely 'Habesne acceptum? habeo' was permitted for a valid 'acceptilatio', but that by the time of Ulpian a second form (and no more), namely 'Acceptum facis? facio' had been accepted. Indeed, that this was the position is accepted without discussion by Mr. Nicholas in a very thorough article on the form of the stipulation. Mr. Nicholas' main goal is to show that in classical law 'stipulatio' was a formal act and required to be made in one of …

Notes: Director’S Statutory Action In New York, Sidney Kwestel

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No abstract provided.

The New Labor Law: A Very Limited Management Victory, Howard Glickstein, Bernard D. Gold

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No abstract provided.

'Arra' In The Law Of Justinian, Alan Watson

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So much has been written in recent years on 'arra' in Justinian's law that one hesitates to add to it. But there is, I submit, a solution to the problem raised by the texts which is simpler than any so far suggested, and which gives a satisfactory result.