(image source: DeGruyter)
L’irripetibilità del processo criminale nell’esperienza giuridica romana (Umberto Laffi)
DOI /10.1515/zrgr-2023-0001
Abstract:
The prohibition of double trial for one and the same fact is a principle that we find theorized and applied in the legal experience of the Romans above all in the field of civil procedural law. Hence modern Romanistic legal science concentrated on this area of law. There are only few specific studies devoted to this subject with reference to criminal procedural law. The problem deserves to be taken up and studied in depth. First of all the author defines the scope of the preclusive effects produced by the judgement as it results from an exhaustive analysis of the epigraphic Lex repetundarum (linn. 1–4, 5, 56). On a more general level, the sources show that the principle of the non-repeatability of criminal prosecutions found substantial application both in the late republican and imperial ages, albeit with the limits and the exceptions that the author highlights. In addition to jurisprudence, the subject of the unrepeatability of the trial lent itself to being dealt with in schools of rhetoric.
Il testamentum militis alla luce delle epigrafi funerarie (Francesco Castagnino)
DOI 10.1515/zrgr-2023-0002
Abstract:
This study proposes a different analysis of the Roman military testament by focusing on the information obtained from soldiers’ funerary inscriptions. It aims above all to verify the application of the rules of testamentum militis in practice. On the other hand, it intends to explain some testamentary practices used by the soldiers serving in different territories and to define some problems of military testamentary law, for example, that of the testamenti factio activa of the soldiers without Roman citizenship.
The actio utilis in case of pignus nominis (A.J.H. Smit) [OPEN ACCESS]
DOI 10.1515/zrgr-2023-0003
Abstract:
In Roman law, a creditor could establish a security right by pledging his claim (nomen) against a third person. In case of pignus nominis, the praetor granted the pledgee an actio utilis, which he could use to demand performance from the debtor of the claim that had been pledged to him. The prevailing doctrine with regard to the actio utilis in case of pignus nominis is that this action was formulated after the example of the actio Serviana. Smit explains that in her opinion the praetor did not shape the actio utilis after the actio Serviana, but after the action that the pledgor would have had against his debtor if he himself would have demanded performance from his debtor. Smit discusses the technique the praetor used, compares pignus nominis with assignment and proposes a reconstruction of the formula of the actio utilis that was given in case of pignus nominis.
Nascitur ex contumelia: What did contumelia in the actio iniuriarum really mean? (Janek Dreviskovsky)
DOI 10.1515/zrgr-2023-0004
Abstract:
Contumelia, which for the jurists was the definition of the delict iniuria, has been poorly understood by most modern scholarship. The term does not mean ‘contempt’ or any other attitude of the mind; instead, examination of all instances of the word contumelia predating 300 CE demonstrates that, in both lay and legal literature, it meant a kind of degradation or insult which, when judged against Roman rubrics of status and hierarchy, derogated from the honour of a free citizen. In juristic writings on iniuria, contumelia had an objective function, describing the typical fact-patterns proscribed by the praetorian edicts and rationalising those edicts’ piecemeal approach under one convenient lay concept. Contumelia was not iniuria’s mental requirement and, since it did not mean contempt, the delict was simply uninterested in whether a defendant had demonstrated a contemptuous or belittling attitude towards his victim.
De principis salute consulere: Zur Praxis der hochverräterischen Erforschung der Lebenserwartung des Kaisers oder des Namens seines Nachfolgers (Ulrich Manthe)
DOI 10.1515/zrgr-2023-0005
Abstract:
De principis salute consulere: The practice of highly treasonable exploration of the emperor’s life expectance or of his successor’s name. The article introduces two procedures of the fortune-telling exploration mentioned in Coll. 15,2,3, until now not described in detail in legal historical papers. The first procedure was an algorithm for determining the reigning emperor’s life expectance described in a 4th century magical papyrus, having a Chinese parallel text of the 3th or 4th century; though the Chinese algorithm was made for another use, there was a remarkably structural similarity to the papyrus algorithm. The second procedure was performed in 371 A. D. for determining the name of the still reigning emperor’s successor, imitating the Delphic oracle ritual; it was sometimes mentioned by Byzantine historians.
Zur Legitimität gentiler Fürsten bei ihren römischen Bürgern (Detlef Liebs)
DOI 10.1515/zrgr-2023-0006
Abstract:
This article addresses the extent to which the Romans living in regions of the Roman Empire conquered by gentile people since the 5th century, regarded their rule by gentile princes as legitimate. The Romans there were generally willing to not just accept them as military victors but also to acknowledge their princes as their masters. In fact many representatives of the upper classes served their new rulers, while the lower classes benefited from a considerably lower tax burden. But resistance occurred when the Vandals attempted to convert their catholic Romans by force to their Arianism.
Berechtigende Verträge zugunsten Dritter im griechischen Recht? (Wolfgang Kaiser)
DOI 10.1515/zrgr-2023-0007
Abstract:
Contract in favour of a third party in Greek law. The article deals with the question of whether Greek law knew a contract in favour of a third party. For this purpose, inscriptions, literary sources and deeds from Greco-Roman Egypt are examined, which are presented in the literature as evidence for the existence of a contract in favour of a third party. The article comes to the conclusion that there is no reliable evidence for the existence of an entitling contract in favour of third parties in Greek law.
La versión griega de la constitución Imperatoriam en el manuscrito Parisinus gr. 1366 (Fernando Reinoso-Barero)
DOI 10.1515/zrgr-2023-0008
Abstract:
Examination of the Greek version of the constitution Imperatoriam (Βασιλικῆς) from the perspective of the seven manuscripts containing it, especially the most important of them, the Parisinus gr. 1366 which, inexplicably, was not used by the last editors of that text (Groningen 2010). We now transcribe the unpublished contents of this manuscript which demonstrate that (1.) the Βασιλικῆς was translated by Theophilus, and (2.) he included it as an introductory lesson within the first book of his Paraphrase. We also show here that the five manuscripts which have not preserved the Βασιλικῆς, nevertheless had it originally.
Miszellen
Zur Textkritik von D. 2,14,37 (Papir. 2 const.) (Bastian Zahn)
DOI 10.1515/zrgr-2023-0009
Abstract:
D. 2,14,37 (Papir. 2 const.) records a rescript by Marcus Aurelius and Lucius Verus prohibiting the relief of debts owed to the colony of Philippi. As preserved in the Codex Florentinus this text is corrupt, but it can be restored, based on the Vulgate manuscripts, the Basilica, and the scholia thereto.
Der praetor, der iudex und die Solidarobligationen (Philipp Schmieder)
DOI 10.1515/zrgr-2023-0010
Abstract:
Praetor, iudex and solidary obligations. In broad terms, in a classical Roman lawsuit the praetor took care of the law, the iudex saw to the evidence and facts. On a closer look, things are not that clear-cut. In some cases, it was up to the iudex to discern the ius civile, and some questions cross the distinction between law and fact. This study concentrates on the realms of the praetor and the iudex by the example of solidary obligations. It turns out that there were inconsistencies both in the delimitation of competences and the results: Some questions were dealt with by the praetor in one action, by the iudex in another, and answered differently.
Bekanntes und Neues zum römischen Vereinsrecht (Ulrike Babusiaux) [OPEN ACCESS]
DOI 10.1515/zrgr-2023-0011
Abstract:
Old and new insights regarding the Roman law of associations. In a new monograph, B. Zahn, Si quid universitati debetur. Forderungen und Schulden privater Personenvereinigungen im römischen Recht, 2021, argues that associations had no legal personality under Roman law. He thus challenges a well-accepted view of the term corpus as referring to legal personality of associations. The article retraces the arguments of the study with a special attention to the rich epigraphic evidence, and verifies their validity. Whereas most results of the author turn out to be well-founded, the paper attempts to deepen the interpretations of some inscriptions with regard to stipulations, fideicommissa and modus.
Pro Calatoria Themide Prozess der Iusta und Lebensbedingungen der Freigelassenen (Mariko Igimi)
DOI 10.1515/zrgr-2023-0012
Abstract:
Pro Calatoria Themide. Iusta Case and the Living Conditions of Freed Slaves. The Iusta Case has always been understood as a dispute in which Iusta was claiming her freeborn status (ingenua). Under this conception, however, some unsolved mysteries remain. The author tries to reconstruct the case from the perspective that Iusta was claiming to be a beneficiary of the fideicommissio of Stephanus as one of his freed slaves, by drawing a parallel with D. 34,16,1. Based on this understanding, the documents found in Casa del Bicentenario are, in accordance with Themis’ defence strategy, all in support of Stephanus’ widow who refused to pay the maintenance of the young Iusta for the rest of her life.
Die Autobiographie Gustav Hänels in einer Handschrift der Leipziger Universitätsbibliothek – Edition und Kommentar (Daniela Schulz & Dominik Trump)
DOI 10.1515/zrgr-2023-0013
Abstract:
The Autobiography of Gustav Hänel in a Manuscript from the Leipzig University Library – Edition and Commentary. Gustav Hänel (1792–1878) was a law professor in Leipzig, and is still famous for his numerous editions of early medieval Roman law texts. Besides a huge corpus of letters, there is also a handwritten autobiography kept in the Leipzig University Library (Cod. Haen. 58) as part of Hänel’s estate today. This autobiography not only contains personal information, but bears witness to 19th century Europe (and beyond). Since the document has hitherto scarcely been considered by research, an edition is provided here for the first time ever.
Klaus Hallof und die Berliner Inscriptiones Graecae (Gerhard Thür)
DOI 10.1515/zrgr-2023-0014
Abstract:
Klaus Hallof and the Berlin Inscriptiones Graecae. This contribution is a review of two volumes of the Berlin edition of the Corpus of the Ancient Greek Inscriptions. Especially one of them, number XII 4 (the islands Kos and Kalymna), has luckily come to an end after more than one century’s work. Klaus Hallof, who has overseen the ‘Arbeitsstelle’ of the IG at the Berlin Brandenburg Academy of Sciences since 1990, gave a final report of the problems in publishing that volume, the political and the objective ones. The paper is resuming these problems as far as legal historians are concerned. The technical problems of IG X 2,1s2 (Thessaloniki) are mentioned too.
Literatur
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- Raffaele d’Alessio, „Quasi sine tempore“. La dimensione atemporale nel diritto privato romano (Jörg Domisch)
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- Il diritto alla sepoltura nel Mediterraneo antico (Jörg Domisch)
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- Scintilla de libro legum. Römisches Vulgarrecht unter den Merowingern. Die Fuldaer Epitome der Lex Romana Visigothorum, rekonstruiert, übersetzt und kommentiert von Detlef Liebs mit einem Beitrag von Gerhard Schmitz (Sebastian Scholz) [OPEN ACCESS]
- Die Staatsverträge des Altertums. Vierter Band: Die Verträge der griechisch-römischen Welt von ca. 200 (Philipp Scheibelreiter)
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- Maria Miceli/Laura Solidoro, In tema di proprietà: Il modello romano nella tradizione giuridica (Martin Schermaier)
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- Eingelangte Schriften und Neuerscheinungen (W. K.)
Im memoriam
- Tycho Q. Mrsich (15. September 1925-22. August 2022) (Alfons Bürge)
Kronik
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