Thesis (doctoral)--Ruprecht-Karls-Universität Heidelberg, 2004. / Includes bibliographical references and indexes.

Pas de résumé / Doctorat en droit / Thèse d'agrégation / info:eu-repo/semantics/nonPublished

No description available.

This thesis is a contribution towards legal history of Roman Asia Minor from the creation of the province of Asia to the enfranchisement of the free population of the Empire by the emperor Caracalla. Chapter I is concerned with the Hellenistic background and with the theoretical framework for explaining the relationship between the suzerain and the cities in the Hellenistic and Roman periods. The possibility of using Bickerman’s ‘surrender and grant’ model for introducing much needed nuance into usual dichotomy of ‘free’ and ‘subject’ cities is argued for. Chapter II deals with the court of the Roman governor. It is argued that there was no limit set on govenor’s jurisdiction from below and that the main way in which governor’s burden was relieved or legal autonomy of local communities guaranteed was through delegation of decision at the apud iudicem stage of the proceeedings. An in-depth study of the procedure is provided. Chapter III provides an analysis of the assize circuit system, above all in the province of Asia. Arguments for continuity with the pre-Roman administrative structure are advanced and a new hypothesis of significant structural changes in the second century A.D. advanced. Chapter IV explores the jurisdiction of other Roman officials: proconsular legates, quaestors, and above all procurators and other imperial officials. The division of responsibility with the governor’s court and their role in covering the areas not usually penetrated by the governor’s jurisdiction is discussed. Chapter V deals with judicial autonomy of the ‘free’ and ‘federate’ cities. It is argued that the extent of these privileges was widely variant and the possibility that some of them applied only to the apud iudicem stage explored. Chapter VI is concerned with courts of the ‘subject’ communities. It is suggested on the basis of recently published evidence that ‘subject’ communities could retain a high degree of judicial autonomy. Different models used by the Romans are explored and compared. Chapter VII explores a vexed question of internal jurisdiction of Jewish diaspora communities in Asia Minor. The validity of Flavius Josephus' evidence is upheld and the role of 'ancestral laws' ideology in Roman interventions in support of Jewish courts discussed. Two appendices discuss a recently published inscription from Chersonesus Taurica and offer an annotated list of passages in the Corpus iuris civilis dealing with Asia Minor in our period respectively.

Ao longo de seu texto, o Código Civil de 2002 não traz o vocábulo comissório ou quaisquer de suas possíveis flexões gramaticais. Na doutrina e jurisprudência pátrias, entretanto, ele é aplicado exaustivamente quanto à proibição prevista nos artigos 1.428 e 1.365 do mencionado diploma legal. Grosso modo, tem-se em tais dispositivos a impossibilidade de que, após verificado o inadimplemento da obrigação principal, possa o credor insatisfeito conservar para si, na condição de proprietário, a coisa entregue em garantia. Ainda que reproduzida em diversos códigos modernos, especialmente naqueles de tradição romano-germânica, essa vedação ao chamado pacto comissório é um tema pouquíssimo estudado. A necessidade de uma maior reflexão sobre seu conteúdo, no entanto, é cada vez mais evidente. Isso porque, como demonstram pesquisas recentes no âmbito da literatura comparística, há indícios de que a regra tem por base fundamentos que não mais se justificariam. A esse propósito, vale salientar, o estudo do direito romano é fundamental. Afinal, nele a lex commissoria foi criada e por séculos teve aplicação no âmbito dos direitos reais de garantia, até ter sido proibida pelo Imperador Constantino (C. Th. 3, 2, 1; C. 8, 34, 3), no século III. O presente trabalho, portanto, tem por objetivo central a reconstrução e análise do instituto antigo, para que então com mais segurança seja possível delimitar, em que medida, pôde a lex commissoria romana influenciar a proibição do pacto comissório nos atuais ordenamentos jurídicos, em especial, o brasileiro. Para tanto, deve-se notar, em um primeiro momento, que separar a lex commissoria objeto da mencionada decisão da mais consagrada lex comissória no âmbito da compra e venda, recepcionada no livro 18 do Digesto e ainda largamente aceita nos sistemas modernos, não é tarefa das mais fáceis. Tendo a proibição sido anterior à compilação do Corpus Iuris e, igualmente, tendo a própria fiducia cum creditore sido extinta por volta do século II, escassos são os testemunhos nas fontes que chegaram até os nossos dias. / Throughout its text, Brazilian Civil Code of 2002 does not have the word \"comissório\" or any of its possible grammatical inflections. In Brazilian doctrine and jurisprudence, however, it is applied thoroughly as the prohibition laid down in Articles 1,428 and 1,365 of that statute. Roughly speaking, we have in such provisions the impossibility that, upon inspection of the default of the principal obligation, unsatisfied creditors could keep for themselves the thing given as a real security (pledge), provided being the owner. Although reproduced in many modern codes, especially those of Roman-Germanic tradition, the prohibition of the so called pacto comissório is a topic rarely researched. The need for further reflection on its contents, however, is increasingly evident. This is because, as recent research into comparative literature shows, there is evidence that this rule is based on essentials that would no longer be justified. In that regard, it is worth mentioning, the study of Roman law is fundamental. After all, in it the lex commissoria was created and for centuries it had been applied under the provision of security until it was banned by Emperor Constantine (C. Th. 3, 2, 1; C. 8, 34, 3) in the 3rd century A.D. The present study, therefore, has as its central objective the reconstruction and the analysis of that ancient institute, so that more safely it will be possible to delimit to what extent could the Roman lex commissoria influence the pacto comissório in current legal systems, in particular the Brazilian one. Therefore, it should be noted at first that to separate the lex commissoria, object of the aforementioned ban, from the established lex commissoria under purchase and sale, as disposed in Book 18 of the Digesta and still widely accepted in modern systems, it is not an easy task. Since the prohibition was prior to the compiling of the Corpus Iuris and also having the fiducia cum creditore been extinct sometime around the 2nd Century, testimonies in sources that have come down to our day are scarce.

This study aims to construct the legal rights and duties of slave-owners in the first century AD as context for the exhortations in the New Testament directed at slave-owners. The central theoretical argument has been that the legal context of the first readers is essential for a valid interpretation of these exhortations, and that taking into account this legal context makes a valid interpretation possible. The study applies philological and comparative methods as well as analysis, interpretation and synthesis of the collected material. Chapter 1 provides an outline of the study. Chapter 2 first defines a search filter to delimit the vast collection of material on slavery in antiquity, and then describes ancient slavery as general context to the texts and the New Testament exhortations analysed in subsequent chapters. In chapter 3 the legal context has been constructed by way of analysis of primary texts from Greek, Roman, and Jewish law. Chapter 4 deals with primary texts on the philosophical underpinnings of slavery in the three worlds under investigation. In chapter 5 Greek, Roman, and Jewish primary texts dealing with the conduct of slave-owners in respect of their slaves have been analysed. In chapter 6 the New Testament exhortations to slave-owners have been analysed utilising the contexts constructed in the preceeding chapters. Chapter 7 summarises the findings and conclusions of the study. The study has concluded the New Testament writers’ acceptance of the legal and social reality of slavery in the first century AD. Their writings, however, contain unique features with a direct bearing on the rights and duties of slave-owners namely their persistent placement of the slave-owner – slave relationship in the context of the believing slave-owner and/or slave’s relationship with Jesus Christ. Within this framework, the study points towards diverging viewpoints within the New Testament on a continuum between social separation and acculturation. / Thesis (Ph.D. (Greek))--North-West University, Potchefstroom Campus, 2011

This study aims to construct the legal rights and duties of slave-owners in the first century AD as context for the exhortations in the New Testament directed at slave-owners. The central theoretical argument has been that the legal context of the first readers is essential for a valid interpretation of these exhortations, and that taking into account this legal context makes a valid interpretation possible. The study applies philological and comparative methods as well as analysis, interpretation and synthesis of the collected material. Chapter 1 provides an outline of the study. Chapter 2 first defines a search filter to delimit the vast collection of material on slavery in antiquity, and then describes ancient slavery as general context to the texts and the New Testament exhortations analysed in subsequent chapters. In chapter 3 the legal context has been constructed by way of analysis of primary texts from Greek, Roman, and Jewish law. Chapter 4 deals with primary texts on the philosophical underpinnings of slavery in the three worlds under investigation. In chapter 5 Greek, Roman, and Jewish primary texts dealing with the conduct of slave-owners in respect of their slaves have been analysed. In chapter 6 the New Testament exhortations to slave-owners have been analysed utilising the contexts constructed in the preceeding chapters. Chapter 7 summarises the findings and conclusions of the study. The study has concluded the New Testament writers’ acceptance of the legal and social reality of slavery in the first century AD. Their writings, however, contain unique features with a direct bearing on the rights and duties of slave-owners namely their persistent placement of the slave-owner – slave relationship in the context of the believing slave-owner and/or slave’s relationship with Jesus Christ. Within this framework, the study points towards diverging viewpoints within the New Testament on a continuum between social separation and acculturation. / Thesis (Ph.D. (Greek))--North-West University, Potchefstroom Campus, 2011

Thesis (doctoral)--Universität, Freiburg i. Br., 2005. / Includes bibliographical references and sources (p. [363]-424) and index.

Thesis (doctoral)--Universität Breslau.

Thesis (doctoral)--Universität Göttingen, 1940. / Includes bibliographical references (p. 73-79).