The Creation of the Ius Commune: From Casus to Regula

The Creation of the Ius Commune

From Casus to Regula

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Edited by John W. Cairns, University of Edinburgh, Paul J. du Plessis, University of Edinburgh

Publisher:: Edinburgh University Press
Online publication date:: September 2012
Print publication year:: 2010
Online ISBN:: 9780748642922

Subjects:: Law: General Interest, Law

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This book surveys the traditional classifications of private law to establish the cognitive techniques used by medieval Italian and French jurists to transform Roman law into the ius commune of Western Europe.

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The Creation of the Ius Commune

From Casus to Regula

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Frontmatter
pp i-iv

Contents
pp v-vi

Preface
pp vii-viii

List of Contributors
pp ix-x

List of Abbreviations
pp xi-xiv

Introduction
pp 1-6

1 - The Sources of Medieval Learned Law
pp 7-56

2 - The Infrastructure of the Early Ius Commune: The Formation of Regulae, or its Failure
pp 57-76

3 - Ius Quaerens Intellectum: The Method of the Medieval Civilians
pp 77-102

4 - Medieval Family and Marriage Law: From Actions of Status to Legal Doctrine
pp 103-126

5 - The Roman Concept of Ownership and the Medieval Doctrine of Dominium Utile
pp 127-142

6 - Succession to Fiefs: A Ius Commune Feudorum?
pp 143-158

7 - Towards the Medieval Law of Hypothec
pp 159-174

8 - The Ignorant Seller's Liability for Latent Defects: One Regula or Various Sets of Rules?
pp 175-218

9 - The Glossators' Monetary Law
pp 219-246

10 - Citations and the Construction of Procedural Law in the Ius Commune
pp 247-276

11 - Doctoribus bona dona danda sunt: Actions to Recover Unpaid Legal Fees
pp 277-294

Index
pp 295-304

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The Creation of the Ius Commune

From Casus to Regula

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