Coverart for item
The Resource Potestas alienandi : transfer of ownership by a non-owner from Roman law to the DCFR, Javier E. Rodríguez Diez

Potestas alienandi : transfer of ownership by a non-owner from Roman law to the DCFR, Javier E. Rodríguez Diez

Label
Potestas alienandi : transfer of ownership by a non-owner from Roman law to the DCFR
Title
Potestas alienandi
Title remainder
transfer of ownership by a non-owner from Roman law to the DCFR
Statement of responsibility
Javier E. Rodríguez Diez
Creator
Author
Subject
Genre
Language
  • eng
  • dut
  • eng
Summary
The transfer of ownership by a non-owner is a common situation in everyday commercial practice. However, the dogmatic framework surrounding it has often led to controversy when studying both Roman and modern private law. Key to this controversy is the introduction by German scholars, in the course of the 19th century, of the notion of 'direct representation' in order to approach the transfer of ownership by a non-owner. Regarding the study of Roman law, this involved assuming the existence of a primitive prohibition to alienate through a non-owner, since 'direct representation' was seen as a later innovation. This starting point had a decisive effect on the study of the transfer of ownership by a non-owner in Roman law, particularly concerning the significance of the voluntas domini, the way in which legal guardians alienate, the scope of praetorian innovations, the possibility to transfer ownership through formal acts and the role of the nemo plus rule. Regarding modern private law, this starting point has brought along a radical distinction based on whether the alienation takes place in the context of direct representation or not. This book attempts to offer a fresh view through a source-oriented approach in order to provide an outlook on the evolution of the transfer of ownership by a non-owner in Roman law, as well as the dogmatic and systematic standpoints among the jurists of the ius commune. Special attention is dedicated to the innovations of German scholarship, due to their significance for the study both of Roman law and for the evolution of modern private law
Cataloging source
DLC
http://library.link/vocab/creatorName
Rodríguez Diez, Javier Esteban
Dissertation note
Thesis (doctoral)--Erasmus University Rotterdam, 2016
Illustrations
illustrations
Index
no index present
Language note
Includes summary in Dutch
Literary form
non fiction
Nature of contents
  • bibliography
  • theses
http://library.link/vocab/subjectName
  • Transfer (Roman law)
  • Transfer (Law)
  • Transfer (Law)
  • Transfer (Roman law)
  • Europe
Label
Potestas alienandi : transfer of ownership by a non-owner from Roman law to the DCFR, Javier E. Rodríguez Diez
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 439-473)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Dimensions
24 cm
Extent
491 pages
Isbn
9789462403246
Lccn
2016510152
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Other physical details
illustrations
System control number
(OCoLC)960700261
Label
Potestas alienandi : transfer of ownership by a non-owner from Roman law to the DCFR, Javier E. Rodríguez Diez
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 439-473)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Dimensions
24 cm
Extent
491 pages
Isbn
9789462403246
Lccn
2016510152
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Other physical details
illustrations
System control number
(OCoLC)960700261

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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