Thesis, Leiden, 1908.

Proefschrift--Amsterdam. / Bibliography: p. 311-327.

Thesis--Paris, 1939. / At head of title: ... Cebbar Tasdemir ... Includes bibliographical references.

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.

Woman in Roman Criminal Law Abstract This thesis deals with several topics of Roman Criminal Law that pertain mainly to women, such as the criminal prosecution of adultery or the crimes of the Roman Vestal Virgins. Its main focus is on crimes where women were the only, or predominant perpetrators. Another field of interest in this study are crimes for which women used to receive different or worse punishments than men. In a wider context, this thesis focuses on the life of women in the Ancient Rome, on the many ways their status and roles in the society changed with the passing centuries, and on the ways how this was all reflected in the Roman Criminal Law. The main topics of interest include adulterium (adultery), abortus (abortion), lenocinium (pandering), stuprum (debauchery) and crimen incestum (crimes of the Vestal Virgins). Chapter One, The Changing Status of Women in Roman Society, serves as a general introduction to the main topic of this thesis. It shows the changing position of women in Roman society, with a focus on the transformation of the meek, obedient Republican matron into the wild, openly sexual creature that was the woman of the Late Republic and Early Principate. Chapter Two, Extramarital Relations, deals mainly with the topic of adultery and its punishment. Its main focus is on the...

The subject of this thesis is the variety of ways that temples were reused by Romans, both Christian and non-Christian, at the end of Antiquity in the present-day country of Greece. It discusses these means of reuse using principally archaeological evidence as a means of countering interpretations of the material culture that temples were either destroyed or reused as churches. These interpretations are based on the assumption that contemporary written sources such as Saints’ ‘Lives’ (the literary genre known as hagiography) are an accurate portrayal of temple reuse in Late Antiquity, without taking into consideration the legendary nature of hagiography. On the other hand, they do not account for potentially contradictory evidence of temple reuse derived from archaeological excavation. It is argued in this thesis that archaeological evidence provides an alternative outcome to that described in contemporary written sources such as hagiography, one that emphasizes practical forms of temple reuse rather than religious. The evidence for this argument is presented at both a geographic level and as discreet categories of forms of reuse of both a religious and practical nature, as a first glimpse of the nuanced image of temple reuse in Greece. Specific examples of the evidence are then cited in a number of case studies to be further developed as a valid attribute in the characterisation of the Late Antique sacred landscape at the level of the Roman Empire. It is concluded that, although practical forms of temple reuse do not greatly alter the sacred landscape of Late Antique Greece, they are crucial in developing a more diverse view of Late Antique religion.

The concept of a building in the roman law Abstract This diploma paper deals with a definition of a building concept in the roman law. Thanks to many possibilities of its appellation, the attention is paid to the designation used by the sources at first. Its definition according to the legal characteristic of things follows. Concerning the building description as a composed thing, the perception of the part in general is also taken in focus, because of the specific understanding kept by the roman law, particularly in relation with things sometimes called as pertinecies. However, the application of the general standard used by romans as the definition of the part (perpetuus usus) to the building brings some difficulties. Firstly, the building was specially defined in a context of some special norms. Tignum iunctum is the most important example, but a prohibitive regulation of demolitions or destructions, including particularly the senatusconsultum Aviola et Pansa, was significant too. Secondly, the development of the understanding what does it involve took a part, as the things used for the water supply illustrate. Than the paper focuses on the negative delimitation of the building by the categories of things, such as instrumentum, ornamentum or suppellectiles and ruta et caesa. Last part of the paper deals...

Thesis (doctoral)--Universität, Freiburg im Breisgau, 2005. / Includes bibliographical references.

The present study offers an in-depth examination of the institutional framework within which money operated as an economic agent in the Roman empire. Analyses focus on Classical Roman Law as reflected in the writings of Roman jurists from the second and early-third centuries CE. The legal sources are augmented by documentary materials, which give independent, albeit sporadic, evidence for actual practice. The thesis follows current trends in economic history to adopt approaches advanced by New Institutional Economics (NIE), while generally accepting Keynesian claims for the endogenous nature of money. Its innovative contribution is in suggesting a complexity-oriented approach to modelling the behaviour of money in the Roman empire; seeing money as a complex economic phenomenon, i.e. as a diverse and manifold apparatus which allows for new patterns of activity to be created by individuals, who self-adjust their use of it to the continuously evolving system in which they operate. The thesis is divided into four parts. The first is introductory. The second concerns the legal institutional framework for economic interaction; with discussions generally organised according to Roman legal categorisation, and considers developments in the role allocated to money in legal definitions for exchange transaction. The third part examines two study-cases of money-related institutions, namely, the instrument of interest, and interest-bearing deposits, demonstrating how money stimulated the interconnected dynamics within and between legal traditions operating under Roman regime. The fourth and last part is dedicated to a more general analysis of the complex nature of Roman money, attempting to model the historical example of Roman money with the help of complexity-oriented visualisations.

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