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Faculty of Law 2009/2010

Legal History Coursebook
European Law School
English track

Year 1 Courseperiod 3
MET1005

2009-2010 Course 1.3 Legal History

Faculty of Law

Maastricht University

1

10 p. 4 p. 1 p. 27 p.6 1. 8 p.4 1. 9 p.CONTENTS Chapter 1: Introduction 1. 9 p. 29 p. 10 p.2 1.1 2.3 1. 3 p. 25 p.5 1.8 Objective Operating procedure Studying effort Teaching format Literature Examination Course alterations Planning group p. 2 p. 3 p.7 1. 5 Chapter 2: Individual assignments 2.4 2. 2 p. 19 p. 23 Tutorial 4: Contract law in the period of Reception and Ius Commune Week 3: Codification Tutorial 5: Legal systems and Codification Tutorial 6: Contract law and Codification p.3 2. 1 p.3 2. 15 Chapter 3: Tutorials Week 1: Roman Law Tutorial 1: Legal systems of Roman law in Antiquity Tutorial 2: Roman contract law Week 2: Reception and Ius Commune Tutorial 3: Legal systems in the period of Reception and Ius Commune p.6 General Re-sit Submitting assignments Contents Formal requirements Contents Fraud p. 9 p. 3 2 .2 2. 21 Glossary p.5 2.1 1.

INTRODUCTION 3 .1.

An example: when looking at Roman contract law from the modern viewpoint on the concept of “ consensus” it is . This research will be based on primary sources and modern subsidiary legal historical literature. The history of specific legal concepts and institutions belongs to the so-called internal or substantive legal history. In this course. The objective here is for the students to learn interpreting the applicable legal rules within acceptable legal historical parameters. as this is an extension of the course on comparative contract law taught in the second period. It is impossible to discuss in depth all substantive law in a historical perspective. the practice of law. you will analyse and solve a number of simple cases in their historical context. your bachelor’ essay or master’ thesis: those aiming to perform at higher level will find legal history s s an indispensable element of their writings. the dangers are that anachronistic interpretations will lead to incorrect conclusions. Legal history as an academic discipline has multiple dimensions.2 Operating procedure For educational purposes. In our faculty. Legal history contributes in many more ways to modern day lawyers’understanding of law. the period of. and most especially in the European Law School. a less valuable outcome of research. but substantive historical research in an applied form. from Roman Antiquity to the present day. 1. you will get acquainted with the substantive dimension of legal history. It is therefore to be expected that the legal writings produced by students in this faculty will be of a comparative nature. applying the knowledge and insights of legal history and the methodology of legal-historical research gained during the course. This is essential for scholars of modern law. the ius commune and the Codification period. easy to come to the wrong conclusions regarding the enforceability of early types of contract. the comparative method stands at the core of our research and the educational curriculum. All lawyers must be able to interpret historical legal rules within their historical context.1. Each week will be 4 . This necessitates knowledge of legal history and legal historical research methods. Each week of the Legal History course. including both the development of legal science and the development of the “ in action” that is. External legal history focuses on law in a broad historical context. You will therefore be presented with three cases. resulting in. The legal historical dimension is an important component in most. for instance. law . contemporary legal research. since good legal historical research is a basic element for comprehending modern law. An objective of this course is to give an introduction into the external legal history of Europe. The planning group has chosen to focus on the historical dimension of contracts. as well as placing these interpretations within the wider scope of the external legal history. we will focus on one of these periods. roughly said. if not all. This will not (yet) concern fundamental research. which are to be studied based on historical sources and modern legal historical literature. at the least. To this end. The knowledge gained in this course is therefore not only immediately applicable to.1 Objective This course provides an introduction to both the external legal history of Europe and the internal study of substantive historical legal concepts. Here fundamental legal historical research and fundamental comparative research merge in an ever-fruitful manner. we discern three major periods in our study of legal history: the Roman law period. The most pure form is the fundamental research of the legal historian into the development and application of law and legal rules in their historical context. so a choice had to be made. If not.

The modules contain questions as well as texts.3 Studying effort The Legal History course provides 4 ECTS. these modules are a supplemental study aid for the book by P. You can access the modules at the time that best suits you. the first s s step is to discuss external legal history. To show your understanding of the legal system’ place within the wider scope of law’ development. 104-132) Self-study modules Four self-study modules have been made available on ELEUM. be covered in week 1 and the material of modules 2 and 3 will be covered primarily in week 2. 41-103) Week 3: The codification period (Stein. the self-study modules are essential to the successful completion of this course 5 . primarily. The lecture schedule is as follows: Week 1: Roman law in Antiquity (Stein. you will write a short essay every week. which involves solving a case situated within that period by applying the historical legal rules of that particular time. both in a general and a practical sense. you are not allowed to participate in either classes or exams of any second-year courses or higher. Thus. nota bene: as with the other first-year courses. Along with the lectures. In the opinion of the course coordination team.4 Teaching format Lectures Every Tuesday for three weeks. p. 1-41) Week 2: Reception and Ius Commune (Stein. The PPT slides of the lectures can be found on EleUM. Before the case can be solved an accurate description will have to be given of the governing legal system. two consecutive lectures will be given. tutorials and assignments. p. It is an even better idea to prepare the assigned pages of Stein before the lectures. keeping in mind the material of module 1 will. Each ECTS stands for 28 hours of study. Time and place of these lectures will be made known both in your personal Timetable and on EleUM. Divided over the three weeks of the course. 1. an exact description of the legal system involved and the solution of the case. Stein (see below). therefore you will have to plan your efforts accordingly. as a basis for your note-taking. Stein. This also means it is not a good idea to combine other educational activities with the course Legal History. this means an average of approximately 37. This specifically concerns the courses Burgerlijk Procesrecht. This amounts to practically a full working week. Week 3 will be devoted to the material of module 4. links and images.concluded with an assignment. consisting of three necessary parts: a description of external legal history. p. giving Legal History 112 hours in total. These lectures concern the external legal history and offer necessary support in studying the book by P. It is a good idea to print these and bring them to the lecture. as long as you have not passed Legal History. How to go about this will be discussed in more depth later in this course manual.5 hours per week should be spent on (preparation of) lectures. Rode Draad and Private International Law. Second year students. 1.

if the general external legal historical part of the first assignment is graded and the solution of the case of the second assignment. A specific external legal historical part. twice-weekly during the three weeks of the course. These tutorials will take place on Wednesdays and Fridays. ‘ Contract’and ‘ freedom of contract’in historical perspective (available in ELEUM). Feenstra & M Ahsmann. 2002 or later edition. Individual assignments As has been stated above. will constitute the final grade for Legal History. see § 1. Your tutor therefore has the right to refuse to allow you to participate if you are insufficiently prepared. the knowledge that has been gained during the lectures must be combined with the knowledge gained during the tutorials (for further information. Each of these assignments consists of three elements: a general external legal historical part. such that each part is graded once out of three. Additional reading materials (reader). to be handed in before 17:00 on the Friday of the resit week at the end of Period 4. Contract.5 and Chapter 2 of this manual). such as judicial procedure and the study of primary source texts. 6 tutorials will take place. You will notice that the questions follow roughly the same pattern each week. Which part of which assignment will be chosen for grading will not be made known during the course. in which the assignment case is analyzed and solved by applying the legal rules of the time. It is expected that you will come prepared.Tutorials In addition to the lectures. This includes topics from legal practice. Stein. The average of the grades for the three assignments. 1. In order to complete these assignments satisfactorily. which describes the legal system governing the time of the assignment case in detail.5 Literature • • • • P. an individual assignment based on a particular case must be completed during each week of the course. Roman Law in European History. which delineates the developments of law in that period. Your Timetable will tell you which group you are assigned to. Cambridge: Cambridge University Press. This means that. automatically the description of the legal system in assignment three will be selected for grading. one of the three parts will be selected for grading. The re-sit will consist of three new assignments. These will be released in the last tutorial week of Period 4. and a substantive part. rounded off to the nearest integer. 6 .6 Examination Your grade for this course is based on the three weekly assignments. to allow you to become acquainted with both the differences and the similarities in legal thinking in the periods discussed. This is done deliberately. In the Friday tutorial our attention will be on the substantive legal rules in the context of the law of contract. 1. Self-study modules (available in ELEUM). R. From each of these three assignments. There is little point in coming to a tutorial unprepared. See Chapter 3 (Tutorials) in this course book for texts that should be read and questions that should be answered prior to the tutorials. In the Wednesday tutorial the focus will be on how to go about describing a historical legal system within the period under scrutiny that week.

3) has been inserted into the course manual. The general external historical element formerly comprised in the written exam has been incorporated into the assignments. Each of the assignments will be graded.1). therefore we have added a second tutorial each week. The planning group agrees. as well as the ability to execute proper substantive legal historical research. gained by students through producing the assignments has a clear surplus value. after the tutorial. clarifying the expected level of studying effort. This way we will achieve the best possible grading coverage. Therefore. a description of the legal system that governs the assignment case and an analysis and solution of the assignment case. but within the norm hours set aside for grading in the faculty. in such a manner that all three elements are graded once. are: s Tutorials: A great number of students complained that one tutorial a week was not enough to deal with the extensive periods covered.5 hours a week the mean average of studying efforts lay below the level of what could be expected of the students. The changes we made to the course. A feeling that Legal History took too much of the students’time was communicated. This was compounded by the amount of s time needed to do the assignments well. From every assignment. For this reason.1. This is understandable. We have thus decided to drop the written examination and examine the course through the assignments. based on last year’ evaluations. as these accomplishments effectively can and must be applied in later elements of the ELS curriculum (see § 1. giving attention to the total effort of the students. only allow for this when both lectures are given on the same day. however. although at 25. the staff does not have the time to grade all three assignments completely. the short time span of the course gave too little time to prepare well for Legal History’ written exam. This gives the planning group an excellent opportunity to keep strengthening and improving this course. we have chosen to place both lectures at the beginning of the week. The second tutorial will concentrate on the substantive knowledge of contract law rules. the description of the legal system. one part will be chosen.7 Course alterations We are happy that the number of students taking the time to fill in the IWIO course evaluation for Legal History keeps growing. Therefore. As we can understand the frustrations of the students in this regard. The knowledge of historical sources and how to find them. 7 . The first tutorial will be focused on learning how to research and write the second part of the assignments. the planning group has tried to find a solution that does justice to the students’wish within the faculty’ s parameters. a section (§ 1. weeks will start with a double lecture on Tuesday. Studying effort: IWIO showed that students were not familiar with the studying effort guidelines applicable to this and other courses. From this year onward the assignments will consist of three elements: a general external historical part. but not completely. Exam: According to a large section of students. Logistics. Lectures: IWIO showed that students were unhappy with the placement of the second weekly lecture at the end of the week. The two tutorials will take place on Wednesdays and Fridays every week. Assignments: Many respondents were less than content with the fact that in previous years only one out of three assignments was graded. The planning group values the assignments as one of the most important elements of this course.

maximum group size. J. Dr. the planning group does not have authority to effect curriculum changes by itself. In that case. it is always possible that something in your course manual remains obscure to you. Obviously. for any chance to be able to succeed in this. LLM Open office hours during the course: every day Tuesday to Friday 17:00 –17:30.J. Dr. van der Meer. Here. So. moving Legal History to another time slot is as yet unattainable. C. or where ponderous reasons preclude changes. Considering the streamlined programme for the first year.8 Planning group Course coordinator: Dr. This causes such a heavy peak load for the staff that. Berkvens 8 . The team will continue to work on strengthening and improving this course. Tuesday to Friday. however. combined with policy choices at faculty level.There are also a number of issues where effecting change lies not within the power of the planning group.H.J. ask your tutor or come to the open office hours of the course coordinator. We are therefore very much interested in your reaction to the changes effected in the course. alas. Room 0.A. van Rhee Prof. the legal historians are offering two mandatory first-year courses side by side.A. Your comments can help us with this.M. The coordination team have prepared the course manual. Course period: A sizable group of students indicated a preference for placement of Legal History in an 8-week course period. Group size: Neither students nor staff are very happy with the group size in Legal History.317 Planning group: Prof. 1. we encounter a physical barrier to accommodating the sincere wish for smaller groups. teaching material and organization of this course with the utmost care. A minimum number of groups means. it is an absolute necessity to keep the number of teaching groups to a minimum. In this course period.M. A. 17:00 –17:30. make good use of your influence and fill out the IWIO evaluation at the end of the course! Nevertheless.

INDIVIDUAL ASSIGNMENTS 9 .2.

students are to combine the knowledge gained during the lectures with that gained during the tutorials. The assignments all consist of three elements. without any space before or after the hyphen. Please consider them carefully. 2.doc (or . These assignments will be posted on EleUM. one element will be chosen for each assignment and for each assignment. so do not add an i or I at the beginning. each of the three assignments will be graded in part. For the assignment. so either a 1. students must complete three individual assignments.1 General During the course. For this and other reasons. An example: the student with IDnumber i123456 will submit his or her 3rd assignment as: 123456-3. Which element of which paper is going to be graded will be decided after the course has finished. The chosen element of a paper will only be graded when marginal review of the other elements shows sufficient diligence on the part of the student. one for each historical period.docx) automatically. The naming rules for the Legal History assignments differ very slightly from the Skills training rules. This should be automatic because EleUM gives you a confirmation of your actions. You have encountered guidelines and rules on the naming of your documents already in the course of your Skills training. The choice of which element for which assignment is going to be graded for the re-sit may differ from that of the first exam.doc Always check after sending your document that it has actually arrived on EleUM. z is the single digit standing for the number of the assignment. or that it has been down 10 . 2. Do not add a 0! The ID number and assignment number are connected by a hyphen. MS Word will add the extension . all assignments and all elements will be taken into consideration. The assignments will have to be submitted through EleUM before Friday 17:00 in the week of the re-sits. It may be advisable to print out this confirmation as proof that you have submitted your assignment. You must always take into account the possibility of a technical failure. it is not possible to retain results of first-exam assignments. Consequently. there will be no earlier notice as to this choice. See the document Submitting assignments on ELEUM. students should produce three assignments of the highest quality throughout. These assignments will be made available through EleUM under Legal History at the beginning of the last tutorial week of period 4. You have already encountered requirements for naming a document that is to be submitted in the course of your Skills training.3 Submitting assignments Assignments must be submitted electronically through EleUM under Legal History. This way.2. Therefore.doc. one individual assignment each week. 2 or 3. The documents that are to be submitted must be named as follows: IDnumber-z. mistakes made in concern to the naming rules will inevitably lead to exclusion of the submitted assignment. Only the digits of your ID number are required. It is possible that EleUM may not work on the morning of the last day of the submission period. a different element of the paper will be graded.2 Re-sit The re-sit consists of three new assignments. under Legal History.

e. Assignment 1 must be submitted electronically before 08:00 on Tuesday 12 January. The submitted MS Word document must be named IDnumber-z.4 Formal requirements • The assignment must have a front page showing the following details: § ID number of the author. even when they occur at the end of the submission period. This brings the s total amount of the assignment to 1950-2100 words. § Word count for each separate element. 2. • • • • • • • 2. Note: NO internal redistribution of the minimum/maximum word count is allowed. Assignment 3 must be submitted electronically before 08:00 on Tuesday 26 January. Assignments submitted after the deadline will be regarded as not having been submitted. The assignment must be constructed in or converted to MS Word.for so long in the days leading up to this that you could not reasonably have been expected to submit your work on time. Each of the assignment’ three elements should consist of 650-700 words. § The right margin should be broadened to 4 cm. Any inaccessibility or illegibility of the document due to conversion of the document into MS Word from other word processors is accountable to the submitting student and will lead to inadmissibility of the document in question. each element has to be 650-700 words! The assignment must be submitted through EleUM before the official deadline. if this is the case. is of course only a very rough delineation. assignment 1.doc. each of the three elements has a minimum/maximum word count of 650-700. § Line spacing should be set at 1. Each case consists of three interwoven elements. In such cases an announcement will be made during the lecture as to whether the deadline will be extended and. what the new deadline is. 2 or 3). no less. Assignment 2 must be submitted electronically before 08:00 on Tuesday 19 January.5. which is set in the period addressed in that week. § number of the assignment (i. The extension will also be shown on EleUM. Short term interruptions will never lead to extension of the submission period. not counting the index of sources or the apparatus of reference notes. The index of sources contains only sources that appear in reference notes. typecase 12. no more. Especially week 1 (a period of approximately 1000 years) and week 2 (a period of over 1400 years) cover eras that inevitably 11 . Each assignment must have an index of sources and an apparatus of referencing footnotes according to the guidelines of the Hornbook on Legal Writing (see EleUM Skills training).. To accommodate grading: § The document should use letter type Times New Roman. It is therefore wise to submit your assignments earlier rather than later. as well as on the notice boards at the Education Office. as we have done in this course. Element 1: General external legal history Refinement periodization: To divide legal history into three main periods.5 Contents General The individual assignments revolve around a case.

which concern the assignment case. Van Rhee and the CALI modules. and function within. all relevant developments. Legal developments: Next. The points to be illuminated in the execution of a historical legal system description are discussed hereafter. the assignment should show clearly that the author is well aware of the fact that these developments are. but adequate manner the territory encompassed by the Roman Empire or . depending on the underlying cause for the research. in France” In a compact. The underlying causes for the completion or start of these developments have to be exposed. helps to give form to the description of a legal system. This questionnaire differs slightly with regard to the focus of the description. If relevant. Demography: Even more important than the territory over which a legal system holds sway. therefore written (hard copy or internet) primary sources and academic-level literature are to be used in all parts of the assignment. oft vital. whether it is elemental legal historical research or incorporating an. It is advisable to access other legal historical literature. They are part of. France at the time of the case will have to be indicated. you are to discuss the relevant developments in law. to help you produce an informed opinion on the aforementioned three aspects of this element. Connection assignment element –didactical elements Resources for a well-executed first element of these assignments are to be be found in P. Stein’ s book. future or past events. Territory: It is always necessary to indicate the territorial reach of a legal system. at the time of the case. next to the two preceding aspects. you must therefore pinpoint the exact placement of the year that the case occurs within the period addressed in that week. legal systems continue to develop and evolve over time. knowledge of the legal systems is a necessity. Element 2: Description of the legal system in force at the time of the case Legal rules do not function in a vacuum. NB: Since your references must of course allow for academic-level corroboration. only references to verifiable. General topic: The main part of this element. a legal system. developments completed shortly (no more than 50 years) before the placement of the case or about to commence shortly (also no more than 50 years) after the placement of the case can be incorporated. Regarding this topic. Where this is done. is the population that lives under the system. For legal historical research to be in any way meaningful. Only when one knows how the legal system to which the researched legal rule belongs was structured at the indicated time or times is it possible to infer any meaningful conclusions on the subject.show many changes and developments over time. Like law itself. historical occurrences and underlying causes during the whole period will have to be scrutinized and reported upon. legal science and legal practice taking place at the time of the case. It is not sufficient in this regard to limit this territorial description to “ within the Roman Empire” or “ . the lectures by prof. What topic is to be discussed will be made clear in the assignment. The composition and social structure of their society 12 . In this segment of the assignment. A more or less standard list of questions (legal systems questionnaire). concerns a discussion of a general topic concerning the general external legal history. legal historical dimension in researching modern law. with standard points of interest.

NB: This means you cannot choose a jurist who at that time has already died or is not yet born or is in all probability too young to be active as a jurist! Those jurists belong to earlier or later stages of the legal system involved. discussing these books will also help highlight the state of legal science within the legal system. give a good contextual background to the functioning of the legal system. whether there is a logical coherence and system to the body of legal rules and the structure of such a system. Should this be the case. It is quite possible that the case is situated within a period that is quiet on the scientific front. Keep in mind that even within a legal system the main areas of law (private law. criminal law) can be structured quite differently. active (or probably so) as lawyer or legal scholar at the time of the case. Governance: In this part of the assignment. with a population apathetic in its majority. indicated for instance by the level of welfare. It is convenient. One of the possibilities to give an insight to your readers on the state of legal science in the legal system under description is to discuss one or more of the great legal minds of that period. even though only a short period later this would be the correct description. notwithstanding the fact that only a short time before this had been the actual situation. This aspect often ties in with the item on s legal developments in the first assignment element. It is then incorrect to describe the country as occupied territory. though slightly anachronistic for weeks 1 and 2. to discuss this point in the format of Trias Politica: who has executive powers? How are these acquired and given form? Who has legislative powers? How are these acquired? How are legal rules. If the timeframe of the case (nearly) coincides with the edition of important legal works. Legal science: The state of legal science at a particular point in time within a legal system is also a necessary component of a legal system’ description. or even to completely different legal systems. An example to highlight this necessity: Let us suppose a case is positioned in the Netherlands of 1946. it is better to indicate you are aware of the fact that no clear developments can be indicated for this timeframe than to insert any developments of the (far) past or the (remote) future that clearly do not belong to the time of this legal system. then it would have been incorrect to say that the Netherlands was undergoing a booming economic growth. riling the occupying forces and fomenting social unrest. due to the dogged. Sometimes this even means that (nearly) adjoining years ask for a completely different description.is of great interest. but still partly involved in acts of violent resistance. 13 . companioned with a quick rise in the level of prosperity. and statutes brought into being? Who has judicial powers? How are these acquired? Moreover. Were the case positioned in 1944 on the other hand. the development and social standing of the arts and other aspects of civilisation. you discuss the public format of state and government within which a legal system has force. as well as the social climate of the time. energetic pursuance of rebuilding the country. laws. is an important factor in understanding a legal system. what is their relation to the executive and legislative powers? Primary legal sources: Knowing how legal rules are expressed. a demographical description has to fit the exact timeframe of the case. Even more so than with the other aspects. For that reason you are obliged to highlight the career of two distinguished jurists. A good description of the economic circumstances and level of prosperity in a society. public law.

Whether lawyers are formally trained. Nota bene: The rules on contract law are only a small part of the total body of legal rules in a legal system. Connection assignment element –didactical elements This element of the assignments is on the cutting edge of both the external legal history and the internal. To be able to give an exact picture of a legal system in force within a specific and short timeframe. The correct place for discussing the substantive content of these rules is in the next and third part. what roles jurists play in society for which their education trains them. To this end. possibly. It is also substantive. Jurisdiction: a description of a legal system will remain a truly academic. It is interesting to look into the official and. theoretical exercise. a description of the court system(s) of the legal system in question is an important feature of the legal system description. in the study landscape and on the internet that can give you the specific information you need. The element is set up as a small. consisting of an introduction. Introduction: The introduction starts with the reason for the essay: the case. The prescribed literature for this course is of a very general nature and passes through the three main periods with seven-league strides. You need to refer to these self-found sources for this element in the footnotes. The tutorial is set up so that it exercises doing research on several aspects of a good legal systems description. substantive legal history. as the context within which legal rules can function. can clarify many aspects of a legal system in its entirety.Legal education: The format of legal education. you yourself will have to find extra sources in the library. with internal historical law. The maximum word count with each task is deliberate: this will force students to decide what the most important features to mention are and to learn how to be frugal but effective in their wording. as well as the way or ways in which malefactors were held legally accountable for their misdeeds. A short summary of the facts in the case has to be presented. as it looks into the actual way that legal rules were effective in practice. what fields or even systems of law they study. unless sufficient attention is given to the functioning of the judicial system. that is how the training of new jurists is given form. Be aware that you are not meant to repeat the whole 14 . The element is general. unofficial ways and means the populace entered into litigation. s An important resource to help you do well in this second assignment element is the first tutorial of every week. a main part with an analysis and application of the legal rule(s) pertinent to the case and a conclusion containing the solution to the case. It is therefore incorrect to ignore all other law in the description of the general legal system. Element 3: Solving the assignment case This part of the assignment is devoted to learning how to work with substantive legal rules from a specific timeframe. but gives a general overview of the entire legal system. what educational methods are used. in school or at university. discursively persuasive essay. what percentage of trained jurists are active outside the traditional legal occupations are all factors important to the understanding of a legal system. The rules of contract law have no specific place in this second element of the assignment. at the right time and in the right manner (see the Hornbook on legal writing). which is devoted to learning how to analyze and describe legal systems. The way a system’ judiciary system works is s often the most important aspect of that system’ description. in the sense that it does not concern specific (groups of) legal rules.

after finishing the complete essay of this third assignment element. when applicable. then a brief report of this decision making process has to be incorporated at the beginning of the main body: first explain which judicial process is preferable and why. in the correct manner according to the Hornbook on legal writing. are not needed because they do not return in the analysis. Here also the development of the underlying concepts through jurisprudence and case law should be incorporated up until the timeframe of the case. all the while corroborating your application results with arguments and sources. statute or ordinance. as these would only refer to the case. you will have to see what the probable outcome is within each possible type of judicial process present within the legal system involved. in the same manner as you have learned in Skills training. Make sure that your formulation of the question concerns the problems at law. The information in the introduction comes from the case itself. In the conclusion students show that they are able to distinguish between relevant facts. is precise and uses the correct legal terminology. a customary legal rule. you will have to analyse a number of possible scenarios. The solution must be underpinned by a concise repetition of the key arguments for the decision. Only after having made this decision can a decision be taken regarding the applicable legal rules. the initiator of the bill. Be aware that in some periods you first have to decide which judicial process (court procedure) is the most appropriate one for the case.case verbatim. Is it a statutory legal rule. The analysis is then applied to the facts of the case. you combine the analytical elements of the legal rules as factual as possible with the case. the (underlying) reasons for its legal force are presented. application and solution. not from primary sources or academic level sources. in retrospect. you clarify the problems and formulate the legal question. before you can start discussing the applicable legal rules. When the applicable legal rules have been presented. a local ordinance? If a law. It is therefore unnecessary to have reference footnotes with your introduction. To do this. Should this be the case. After the summary of the case. their content is discussed. theories and arguments and those less or irrelevant 15 . A good tip: check the introduction against the persuasive main body. Only those elements needed to understand the legal problem and explain the solution should be given. Conclusion: This part of the essay is more than just presenting the solution to the case. You start by discerning what the applicable rules are. and then follow with the applicable legal rules within the chosen judicial process. This is not a complete repeat performance. If a rule of customary law. although a separate presentation of the analysis is often advisable. It is therefore possible that. Then you can check which elements are missing in your summary and which ones. It is possible that a combination can be made with the analysis of the legal rules in question. the time of promulgation is indicated and. Main body: Here we find the actual discussion of the case. it is discussed what their force of law is and how this force of law came into existence. In this aspect. Nota bene: the persuasive main body in this element of the assignment contains references to your sources in footnotes whenever necessary. When the applicable legal rules are known.

but is advised against in the strongest terms possible. these students will be referred to the Board of Examiners. The incorporation of one’ own texts from earlier assignments is as much seen as fraud as that s of texts written by others. theories and convictions already elaborated in the main body are to be related. Those who quote do not show their ability to think and reason. and will be dealt with as such! We would like to make it very clear that BOTH the person who has used the work of another student AND the student who has made his/her own material available to someone else will be regarded as having committed fraud.You must not introduce new information in the conclusion. There will therefore be no notes of reference connected to a conclusion. you need to acquire the necessary elementary knowledge on the workings of substantive historical rules of contract law. 2. both referenced and unreferenced. In addition to this. Only facts. The most important resources for a worthwhile execution of this element can be found in the second tutorial of each week. the literal copying of sources between brackets and with reference is technically not forbidden. 16 . i. The remainder of the assignment will then be checked for coherence of reasoning and completeness of argument and information. therefore not allowed.e. See on this also § 2. assignments submitted by Legal History students from earlier years. Nota bene: second-year students are NOT allowed to use their assignments of last year. the presence of quotations will therefore soon lead to an insufficient grade. All quotations in assignments will be ignored for grading purposes.4. only an advanced ability of using scissors and a pot of glue. Last but not least: Each assignment must be accompanied by an index of sources used. therefore fraud. The copying of sources. the usual monitoring for plagiarism with respect to source material will be carried out. arguments. Connection assignment element –didactical elements This element explicitly builds on knowledge and skills acquired in the first half of the academic year.6 Fraud All submitted assignments will be subjected to a “ fingerprint test” This test will include . Within this course. If this shows that there is too much similarity between the assignments of two or more students. as well as paraphrasing sources without referencing are all forms of plagiarism. as if they are not present. Quoting from sources. Within the scope of such a short writing product as these assignments. based on a study of the book by Feenstra/van Rhee.

3. TUTORIALS 17 .

le Roi Soleil. even though their origin might lie some years or even decades before the case. cannot be taken into account. 1-40 • Feenstra/Ahsmann. instead of clarifying it. In the assignment cases. can be indicated. you have to write an essay on Marcus Tullius Cicero as a lawyer and statesman. 39 ff). Developments of later years. Let us suppose the case under discussion is placed in Paris in 1715. Reference correctly all sources used in a task in accordance with the Hornbook on legal writing guidelines. you cannot allow yourself to stray too far from that year. 13-18. the economical state of affairs. the period to be researched is reduced to one specific year. but have to be precise. nos. Developments important for the situation in the appointed year can and should be incorporated. but also a good insight into the state of legal science in the period under scrutiny. even if only by a few years. In the assignments.WEEK 1: ROMAN LAW Tutorial 1: Legal systems of Roman law in Antiquity Literature: • Stein. Contract. 25-26. while the year of the researched case saw the death of Louis XIV. The reason later developments cannot be incorporated is that they will only distort your view on the researched timeframe. roots of these future developments. 1-9. Find out what form of government Rome had in those days and who stood at the helm of the Roman state. present in the researched timeframe. 5-8. At most. Jurisprudence (100 words max) Your research not only requires a general background. Texts (p. pp. Territory/demography (150 words max) Researching a legal rule’ historical roots requires studying the general social-historical context s within which the rule was given form or function. pp. Roman law in European History. This requires precision: being a hundred years “ off”usually leads to incorrect descriptions. a very wrong picture is painted if you were to assert that this is the era of the French Revolution. Just as with Task 1. 18 . what territory was encompassed by the Roman state in those days. the demographic structure of the populace and possible social unrest. you are therefore required to put the case in such social-historical context. Task 1. the most absolute French monarch of all times. not exceeding the maximum number of words indicated for each task. Contract. 31-32 • Materials Comparative Contract Law: Legal History Texts: • Feenstra/Ahsmann. To that end. Assignment: Suppose. That revolution did not take place until 1789. 11. Task 2. it is important for you to know exactly how things stood in Rome in the years 64-62 BC. look into the structure of Roman society. The indicated texts have to be studied for both of this week’ tutorials! s Report on your findings for all tasks below in a short essay.

Once you know. when we are looking into the period of Ius Commune. 17. Jurisdiction (100 words max) To ascertain the manner in which a case was solved at a certain point in time. This is especially true when the historical procedure is nothing like our modern procedure. 50. as well as seeing which jurists were active at any given time –are especially important for both the period of Roman law and of Ius Commune. you need to know more about the authors of these texts and the jurists mentioned in the texts. Find out what is known about the author of this fragment and the two jurists he mentions. since not knowing will hinder our understanding of the way the legal rule functioned. Assignment: Read text 4 from Contract p. Look into the developments concerning the schools of law and the ius publice respondendi. Assignment: What jurists were active around 137 AD? In this period. An even more complicated situation of different judicial processes and court proceedings existing next to each other or partly entwined will present itself next week. To us. 23. studying their writings will help form an insight into the research topic. D. an important development took place regarding the praetor. Task 5. Both these angles to studying history –looking into the authors of legal texts and the jurists they mention. is something known about their family background and social status? What does the presence of the other jurists tell you about the temporal development of the concept of good faith? Task 4. Yet. Jurisprudence (100 words max) The reverse from the previous task is to draw conclusions as to the state of jurisprudence with regard to a legal concept by finding out which jurists were active at the time of the case. Do NOT look into developments later than 37 AD. Find out which jurist was responsible and research his background. it is inescapable that we will have to know about the judicial process of that time.Assignment: Discuss developments in Roman jurisprudence in 35-37 AD. Task 3. 40. When did they live. To that end. you have to compare the praetor and the proces per formulam to the functionaries of the imperial chancery and the cognitio extraordinaria. You. Assignment: You are a legal adviser in a case situated in 167 AD. Legal developments (100 words max) Original texts by Roman jurists can help understand the developing legal interpretation of the researched legal concept. just that is the case at several instances in the Roman law period. it is more than slightly strange that legal subjects should have to choose between various types of trial. The legal problem that lies at the core of the case has some aspects that have never before occurred. To understand these texts. 19 . as the legal adviser. have to decide which judicial process is most advantageous to your client.

and the 6th century Corpus iuris civilis of the emperor Justinian.C. in this tutorial we will attempt to place the development of Roman contract law in its historical and social context. which. After having completed Task 1. was still a part of the Roman Empire. . We will study the development of Roman law from 450 B. Examples: When did the author s live? What did he write? Please bring your written answers to the tutorial. you must state both the period from which the text originates and the period of its re-use. In such cases. the emphasis will be on a selection of topics concerning the classical Roman law from (roughly) the first three centuries A. You are requested to argue from the position of a jurist of the period in which the case is situated. . Please mention the sources (texts) on which you base your answer. in the lectures and in the online self-study modules) for the s development of specific legal concepts and institutions. we recommend that first and foremost. describe the category into which that contract falls. Please bring your written answers to the tutorial. Although according to legend. Studying history of law is necessary to understand the process of how and why a particular legal system developed its specific characteristics. To help you acquire the relevant knowledge. Task 2 Study the texts from Feenstra/Ahsmann and the materials of Comparative Contract Law: Legal History. In doing so. you place every primary text used in this course in its appropriate historical/legal-historical framework (Task 1 below).The moment the text was written. indicate whether any changes were made to the original text. Also.Tutorial 2: Roman contract law The focus of this tutorial is the history of the concept of contract in Roman law in Antiquity. study the cases given below.Its source and what type of source it is. To illustrate this. you are requested to provide a legal analysis of the cases listed below (Task 2). also referred to as the Byzantine Empire) in the 6th century A. in Emperor Justinian's time. Also.The author’ identity and some information on the author. you will discover that law is a dynamic phenomenon. such a long period cannot be studied comprehensively in a single week. Of course. Therefore. 20 .. Task 1 State for each text from Feenstra/Ahsmann mentioned above: .C. though often in name only. We will also devote some attention to the fate of Roman law in the Western Empire.D. This week. until its “ codification”by the emperor Justinian (who effectively ruled over the Eastern Empire. discuss changes in the law. Rome was founded in 753 B.C. our knowledge of Roman law dates back roughly to the promulgation of the Law of the Twelve Tables in 450 B. Please note that some texts were adapted or compiled into a collection of texts long after they were first written. If applicable. It reacts to developments in society and is part of what defines a particular society.D. and how and at which point in time it became an enforceable agreement. Roman law has a long history of development. Determine the contract applicable to each case. we hope to deepen your insight in the importance of “ external legal history”(the central focus in Stein’ book.

He borrows some silver platters from his friend Antonius to serve the meal on.D. Submit Assignment 1 before Tuesday 12 January. (4) (2nd century A. Antonius gives him the platters. However. (6) (Byzantium. What is the Clausula rebus sic stantibus? Is it a concept of Roman law? 4. Antonius gives him his silver platters. What was the effect of the disappearance of the stipulatio during the classical period? 3. (2) (Byzantium. 2nd century A. Brutus wants Marcus to pay interest.) Marcus is in need of money. 2nd century A. all agreements be viewed as contracts? 2. he needs a loan from Brutus. 550 A. Brutus wants security for the repayment of the loan. 08:00! 21 .) Antonius is planning a trip abroad: he is going to study philosophy in Athens and Alexandria.D. Discuss the concept of laesio enormis and its meaning in Roman law.D.D.) Brutus rents a villa in Campania for the summer holidays. has invited some senators to his home for dinner. He wants to buy a new toga.D.D.D. but he has no cash. 550 A.) Marcus purchases some nice chickens at the local market for dinner. 2nd century A. (8) (Rome. (5) (Rome. He borrows the money from Brutus.) Marcus wants to buy a horse from Antonius. 2nd century A. a month before his holidays start.D. He asks Brutus to take care of his silver platters because he is afraid thieves will rob his home while he is away.) Brutus asks Marcus to act as his advocate in a trial (9) (Byzantium. his wife dies and therefore he does not want the villa anymore. and wants to upgrade the family home. he offers Antonius a valuable statue instead of money. Should. He is very happy since he only had to pay 25% of their normal price. Therefore. 2nd century A. according to classical Roman law.) Marcus.D. Task 3 Discuss: 1.) Antonius hires a crew to sail his ship to Athens. an impoverished Roman noble. (3) (Rome.) Antonius has returned from his travels. Antonius accepts. For this. Please bring your answers to the tutorial. (7) (Rome. 550 A.Cases (1) (Rome. on the condition that Marcus will return them one week later.

Jurisprudence (100 words max) Discuss the Glossa Ordinaria. Indicate the sources of law of the Reichskammergericht and the influence of this court on the reception of Roman law. for each of them. Also. 25-29. The case passes through all available legal instances and ends at the Reichskammergericht. indicated with each task. Task 4. do not forget to clarify what both legal methods entailed! 22 . an independently reigned area in Northern Limburg beholden to the Holy Roman Empire. 10. Task 2. describe and name the area where the Reichskammergericht held sway as a court of highest instance. Texts (p. Indicate. 18. Define these sources as to area where they had legal validity and the source of that legal validity. not exceeding the maximum number of words. Territory / governance (100 words max) Suppose you have to discuss a case that happened in Thorn. Contract. 31-33. around the year 1630. one from each legal method. pp. 31-35 • Additional materials week 2 on ELEUM and materials Comparative Contract Law: Legal History Texts: • Feenstra/Ahsmann. 39 ff). their importance for the development of jurisprudence. 36. Reference correctly all sources used in a task in accordance with the Hornbook on legal writing guidelines. nos. Discuss the (seeming?) antithesis between the pays de droit écrit and the pays de droit coutumier. also called the Accursian Gloss. What time did it originate.WEEK 2: RECEPTION AND IUS COMMUNE Tutorial 3: Legal systems in the period of Reception and Ius Commune Literature: • Stein. 22. 24-28. Contract. 9-11. 21-24. 19-20. Discuss these instances. pp. some of them were in favour of the mos gallicus. Discuss two jurists they could have consulted. Task 1. Some of these jurists were adherents of the mos italicus. Jurisprudence (100 words max) Suppose that your research of a historical case from 1538 shows that the lawyers in the case consulted with a number of very famous jurists of that time. 38-103 • Feenstra/Ahsmann. Sources of law (150 words max) Describe the legal sources of France around 1690. what where its form and content and what was its influence on the development of legal science? Task 3. 51-54 The indicated texts have to be studied for both of this week’ tutorials! s Report on your findings for all tasks below in a short essay. Roman Law in European History. Discuss the government structure of this area. In all this.

Jurisprudence (150 words max) In the 17th century. What fora are available to you and which respective bodies of legal rules are applicable in these fora? 23 . taking into account international law. Jurisdiction (100 words max) Maastricht. human rights and enlightened absolutism. in the years 1550-1750. and you are approached by a prospective client on representing in a case of breach of contract. the ius naturale was ‘ rediscovered’ Discuss how the ius naturale developed . 1625.Task 5. Task 7. Legal education (100 words max) What is the meaning of the academic title magister utriusque iuris? Discuss in what areas and fields of law such a magister would have trained. Task 6. Discuss also the educational methods at the university of Bologna around 1350 and at the university of Leyden around 1780. You are a lawyer.

often the choice of the legal source was dictated by the desired result. to approximately 1750 A. the competent court where the action could be brought. Also justify why. Determine the rules applicable to these cases and state their source. Some of the most important sources were Roman law. A main theme in this period is the influence of canon law.The moment the text was written. Nevertheless. indicate whether any changes were made to the original text. Also. 24 . Examples of canon law influence are the preponderant role of the maxim pacta sunt servanda and the introduction of rights as a starting point of legal analysis instead of the duties enforceable through remedies. Task 2 Study the texts of Feenstra/Ahsmann. canon law and customary law. in your opinion.D. the rules from the particular source chosen may be applied.Tutorial 4: Contract law in the period of Reception and Ius Commune This fourth tutorial focuses on the history of contract law from the period of the rediscovery of the Corpus Iuris up to the codification period. Task 1 State for each text from Feenstra/Ahsmann mentioned above: . It was not always clear which rule from which particular source governed a particular case. solve the cases on the basis of the applicable rules. Subsequently. We will study the developments in this area of law from ± 1000 A. which were the starting point of Roman legal thought. indicating whether the rule belongs to Roman law.Its source and what type of source it is. In such cases. the additional materials week 2 found on ELEUM mentioned above. Examples: When did the author s live? What did he write? Please bring your written answers to the tutorial. canon law or customary law. The applicable source of law also determined. the sources of the law and their applicability were complex.The author’ identity and some information on this author. For this reason. . Analyse the cases below.D. Please bring your answers to the tutorial. and the materials from Comparative Contract Law: Legal History. you must state both the period from which the text originates and the period of its re-use. . Please note that some texts were adapted or compiled into a collection of texts long after they were first written. In this period. which followed principles distinctly different from those of the (secular) civil law. to a certain extent. the legitimacy of the rules to be applied was of great importance.

Falco cannot . Margarita cancels the betrothal to Paolo. When Antonio dies. The development of the rule pacta sunt servanda is linked to the socio-economic situation in medieval and early-modern society. Ricardo would help Falco to be admitted to the guild of tapestry weavers. Margarita is 18 years old. The priest advises him not to go to the secular court. now 27 years old. where the local priest is reading his breviary. force Ricardo to comply with his earlier promises by going to a secular court that applies Roman law. 08:00! 25 . Ricardo does not want to lose such a good employee only to create a formidable competitor. A week after Antonio´s death. He and Grazia agree that Antonio’ daughter. should marry Grazia’ son s s Paolo. Explain. Margarita. What different types of ‘ freedom of contract’may be distinguished? When and how was the concept of ‘ freedom of contract’developed? 2. In addition. but to the ecclesiastical court. and is now 23 years old. he changes his mind: he forgets about his promise made to Falco: he will not make him a guild member. To make sure that in due time a marriage will indeed take place. (2) Antonio has just got married for a second time to a rich widow with the name of Grazia. There Falco might win his case … . Give an overview of Grotius’ contributions to the development of modern contract law. let alone help him found his own atelier. Falco decides to take Ricardo to court. Task 3 Discuss 1. a profligate wastrel. 3. he started working for Ricardo.Cases (1) Falco is a young man who lives in Padua. Submit Assignment 2 before Tuesday 19 January. In confusion. If Falco worked hard in Ricardo's atelier for five years and did well. now 5 years old. The kind old man asks Falco what is the matter. he would help him to found his own atelier and eventually to attain the master status. Paolo and his mother take Margarita to court in order to collect the sum of money indicated in the contract mentioned above. Consequently. though valid as such. he wanders into his parish church. Five years ago. should a party to the contract not fulfil his/her obligations a large sum of money has to be paid to the other party. He was born in 1125. is not actionable according to Roman law since that law only recognizes a set series of contracts. After all: an agreement is an agreement. they need to wait until Margarita is old enough to be married. Therefore. Antonio and Grazia draft a contract containing a clause that. Of course. but a lawyer advises him that his agreement with Ricardo. and Falco tells him about his problems. Consequently. who is a master tapestry weaver.. Falco worked hard and is now the designer and supervisor of half the tapestries that come out of Ricardo's atelier. They agreed that Ricardo would teach Falco how to design and weave tapestries.

not exceeding the maximum number of words. To what period does this school belong and what was its influence on jurisprudence and judicial practice? Do a background search on two of the school’ s protagonists.WEEK 3: CODIFICATION Tutorial 5: Legal systems and Codification Literature: • Stein. (see above) The indicated texts have to be studied for both of this week’ tutorials! s Report on your findings for all tasks below in a short essay. Assignment: Describe the territory encompassed by the Kingdom of the Netherlands in 1829.o. Territory / demography (100 words max) At times. 600-620 (Sections 1-6. Oxford 2002. pp. Legal education (100 words max) At the beginning of the 19th century the curriculum of legal studies in France. 343-346.o. (eds. Zimmermann. In what way was the conception of this kingdom politically motivated? Discuss the social and economic circumstances. Reference correctly all sources used in a task in accordance with the Hornbook on legal writing guidelines Task 1. pp. Materials and Texts on Contract Law. indicated with each task. Why (and when) did the school’ influence decline? s Task 3.). The Law of Obligations. Belgium and the Netherlands underwent some serious changes. Cases. 104-132 • R. Beale a. Jurisprudence (100 words max) Discuss the French exegetical school. In these cases. What were these changes. Texts: • The translations of the relevant articles of various modern codifications cited in Beale a. it can be extremely important to give an accurate description of the historical situation in a very restricted timeframe. deviations of a few years either way could lead to serious distortion of historical reality. 8-10 without the footnotes) For a translation of Latin words and phrases: see glossary below!!!! • H. pp. and what caused them? What did this mean for the position of Roman law in legal education? Task 4. 583-598. Roman Law in European History. Task 2. as well as the order of Dutch society in those days. Oxford 1996. What does the judicial organization that you have to work with look like? 26 . Jurisdiction (100 words max) You are a lawyer in the Maastricht of 1812.

Jurisprudence (150 words max) Discuss the academic polemic in Germany between F. Thibaut in the first half of the 19th century. K.J.F. Sources of law / jurisdiction (150 words max) Describe the sources of law in the English legal system around 1850. Why did this debate take place in Germany? Who won in the end? Task 6. von Savigny and A. What procedural legal remedies did English lawyers have at their disposal? 27 .Task 5.

but he agrees. Indicate whether. Cases: Paul hands his book over to John. . crummy little thing. Subsequently. law Task 1 State for each text mentioned under ‘ Texts’above: . and ends around 1900 with the introduction of the German civil code. He offers Mark a good price for what he s calls “ that little statue of Diana” Matthew is a bit surprised. s Please bring your written answers to the tutorial. she takes it to the counter: she can afford ten euro. Paul thinks he is borrowing the bracelet from John. When he brings the statuette to Matthew’ home. Matthew is s not happy: this is not what he bought! When they go together into Mark’ garden. and Matthew s points out the statuette. John hands his bracelet over to Paul. We will look at the developments in this area of law from the start of the codification period and compare these developments with Roman law. why and to what extent the solutions differ. Task 2 Study the above texts.The author’ identity and some information on this author. 28 . She is devastated when the shop assistant tells her that this unique piece costs ten thousand euro. Mark disagrees with Matthew: this is not a statue of Diana. as it is an heirloom. who thinks he is giving Paul a present. the ius commune. as she has just bought the decanter. The price tag says “ 10. Claudia sees a beautiful crystal decanter in an antiques shop. and the legal rules of one modern European legal systems (you may chose). Analyse the cases below. Please bring your written answers to the tutorial. As you have learned. as he thinks the Diana statue is a . The shop assistant insists that she pays the full price. Matthew insists he bought the statuette. solve the cases on the basis of classical Roman law. the law would be clear and easily understood by all laypersons without the “ twisting”intervention of lawyers. Paul thinks he is lending the book to John. Idealistic notions about the results of the new codifications abounded in continental Europe: from then on. It did not turn out that way. and happily.000 euro” . . Matthew sees a beautiful statuette in Mark’ garden.Its source and what type of source it is. especially on the concept of error/mistake. who thinks the book is a gift from Paul. and wants to take it home.The moment the text was written.Tutorial 6: Contract law and Codification The 6th tutorial will focus on the history of contract law from the end of the 18th century. but of Minerva! He does not want to sell it. the codification period begins at around 1750 with the introduction of the first legal codes in Bavaria.

He wants a new iPod nano. Submit Assignment 3 before Tuesday 26 January. Cite relevant texts where possible. Johnson sends Smith a note asking for a deduction of 29 cents per kilo. Task 3 1. Discuss: English law has not been influenced by Roman law and consequently continental ideas on error have not influenced English law. Henry wants his watch back. In post-WWII Europe Smith sells a load of iron wire to manufacturer Johnson for 79 cents per kilo. Henry got a watch from his father as a birthday present. 08:00! 29 . as he found out a legal measure had been promulgated which restricts the price of iron wire to 50 cents per kilo to prevent black marketing. When the decanter arrives. Afterwards. it turns out to be simple crystal-cut glass.000 euro. Explain in what way and to what extent modern codifications have been influenced by the concept of error as developed on the basis of Roman law. 4. To what extent did the ideas of Savigny on the concept of error influence the German BGB? 3. His father is livid: the watch was a real Zenith. but Peter tells him a deal is a deal. 2. worth 10.Tania orders an expensive crystal decanter from a mail order company. Make a list of the different types of error that may be distinguished in the formation of a contract and give a definition of each type of error. so he sells the watch for 500 euro to his friend Peter.

since very often the translations become clear from the context.g. but paraphrase the meaning of the word or phrase in its legal and historical context. These are not meant to be literal translations. the defence that the contract is void as a result of error 30 . e. even for students who do not read Latin. Therefore. sed scientia = not a mistake as regards the law is presupposed. This is not problematic.GLOSSARY Zimmermann uses a considerable number of Latin words and phrases and does not provide translations. However. Please note that translations of the texts from the Corpus Iuris are provided in a separate document. actio empti = legal action to be brought by the purchaser ad idem as to their intentions = in accordance as to their intentions aedilitian remedies = remedies provided for by the aediles (type of magistrate) aliud (an -) = something else bona fide (ex -) = based on good faith causa obligandi = the reason for being bound/obliged caveat emptor = let the buyer be careful civitate (in ea -) = in that town culpa in contrahendo = fault made when concluding a contract (but before it is actually concluded) resulting in contractual liability declarationes voluntatis = declarations of will dicta in venditione = what is said by the seller during the sale dolus = intententionality emptio venditio = contract of sale errantis voluntas nulla est = the intention of those who err is void error circa accessoria = a mistake as regards accessory matters error in corpore = mistake as to the identity of the thing error in negotio = mistake as to the nature of the transaction error in persona = mistake as to the identity of the other contracting partner error in pretio = mistake as regards the price error in substantia = mistake as regards the substance of the thing error iuris regulariter non praesumitur. but the actual knowledge of the law error noceat erranti = error hurts the one who errs estoppel (English legal term) = impossibility to state a certain defence. some translations are provided below. occasionally this is not the case.

the sale is imperfect (not concluded) signum volendi = declaration 31 . Alzheimer) putare emere = presuming to buy putare vendere = presuming to sell quanti minoris = action that can be brought for what the thing is worth less redhibitio = avoidance of a sale on account of some vice or defect in the thing sold si in pretio dissentiant. facti proprii errorem tolerabilem esse ac excusare = that in those matters that are old or very complex.falsa demonstratio non nocet = a wrong identification does not hurt the validity of the contract fundus = estate (piece of land) homo prudentissimus = a very careful person iam mulier = not a virgin anymore ignorantia facti alieni = ignorance as regards a fact belonging to another person’ personal s sphere ignorantia facti proprii = ignorance as regards a fact belonging to one’ personal sphere s illae qualitates rei quas paciscens praecipue ob oculos habuit = those aspects of the case that one holds before one’ eyes while making the contract s in iis quae antiqua sunt.g. a mistake belonging to the fact itself. aut valde intricata. emptio imperfecta est = when there is dissent as regards the price. is acceptable and to be excused in iuribus difficilioribus = in more/rather intricate legal matters in unam sententiam = in agreement integrum restitutio (in .) = restitution or restoration to the previous condition inter praesentes = between those actually present invincibilis = what cannot be overcome iustus error = reasonable mistake locatio conductio = contract of letting/hiring loco (in -) = at the very place mancipatio = method of acquiring ownership minores xxv annis = persons of less than 25 years of age minus in maiore inest = the smaller amount is included in the larger amount negligentia crassa = severe negligence probabilis = likely promissa = the things that are promised propter memoriae imbecilitatem = because of a defective memory (e.

the words expressed to declare one’ will) s volitio = intention voluntas = will (what one intends) 32 .sponsio = solemn promise stipulatio = contract consisting of a formal promise made in answer to a formal question supina et affectata = (things that are ) careless and farfetched utile per inutile non vitiatur = the useful is not set aside by the non-useful verba = words (declaration.