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10 - Cinus and Pierre de Belleperche

from ROMAN LAW AND SCOTS LAW

Published online by Cambridge University Press:  05 August 2013

William Gordon
Affiliation:
University of Glasgow
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Summary

The fact that Cinus made much use of the work of Pierre de Belleperche is well known. In the beginning of his commentary on the Code he tells us:

Quia omnia nova placent potissime quae sunt utilitate decora bellissime visum est mihi Cyno Pistoriensi, propter novitates modernorum Doctorum super Codice breviter utilia scribere multis superfluis resecatis;

and, although Savigny exaggerates somewhat in identifying the “moderni Doctores” with Pierre de Belleperche and Jacques de Révigny, it is clear that Cinus cited them more frequently than others and hence himself acknowledged a considerable debt to the former. What is not so clear is the extent of the debt. On this conflicting views have been expressed and it is the aim of this article to make some contribution to the discussion through a detailed examination of Cinus's commentary on one title of the Code, namely, 3.33 - de usufructu et habitatione et ministerio servorum. While no definitive results can be claimed on the basis of the examination of one title the examination provides a starting point for the further detailed researches which are required.

Type
Chapter
Information
Roman Law, Scots Law and Legal History
Selected Essays
, pp. 112 - 125
Publisher: Edinburgh University Press
Print publication year: 2007

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