This study is of two remedies that are available in South African law: orders of restitutio in integrum, and specific performance. The study demonstrates that, by treating these remedies as legal topics in their own right, a greater understanding emerges of their inherent characteristics, the role that they play in the law, and of the particular circumstances in which these remedies are available. An order of restitutio in integrum performs an important and unique function in South African law. The fundamental realisation is that it is a remedy in terms of which the courts exercise an extraordinary and discretionary power, and nullify ab initio legal transactions, or the legal consequences of events, which were previously perfectly valid and enforceable at law. Because of the extraordinary nature of this remedy, the circumstances in which it is available are limited by the requirement that iusta causa must exist to justify nullification. Further, before the remedy is available, the person seeking relief must have suffered loss or prejudice as a result of the event complained of. Finally, a mutual restoration of benefits received by the persons involved is required. The nature and effect of orders of restitutio in integrum, and the essential elements which determine the availability of the remedy, enable it to be distinguished from, and contrasted with, other remedies in South African law. An order of specific performance is available in South African law, at the option of a plaintiff, to enforce the actual performance of contractual undertakings. The remedy is appropriate to enforce positive undertakings, as well as acts of restraint. For the remedy to be available, it is firstly necessary that a contractual obligation be proved to exist. Secondly, performance of that obligation must be due. Thirdly, the performance sought must not in fact have already been rendered. These elements determine the availability of the remedy in particular factual circumstances, such as in cases involving pre-emptive rights. The nature and characteristics of the remedy are determined by principles of South African, and not English law. The remedy is available as of right in South African law, but subject to a discretionary power of a court to refuse to order specific performance. / KMBT_363 / Adobe Acrobat 9.53 Paper Capture Plug-in

1 Abstract The Influence of Roman Legal Institutes in International Public Law Nowadays, international law is perceived as a common part of our legal systems. Nevertheless, the inception and evolution of international law still remains quite unclear. According to many authors, international law is a concept founded in the modern times. However, the idea of regulating international relations existed already in antiquity and was first solidified in detail in ancient Rome. The primary goal of this thesis is to reveal and explain that many of the current legal institutes of international law can be traced back to ancient Roman law. The concept of international law was however not a Roman invention - to a certain extent, it was adopted from Hellenic city-states through a variety of traditions and customs. However, Romans made significant progress in the actual regulation and codification of international relations. These included diplomatic law, status of and relations with foreigners, immigration and naturalization. Further, Roman law contained regulations related to maritime law, international dispute resolution and rules regarding conclusion of international treaties. Finally, law of war and peace was one of the most important and extensive areas strictly regulated by the Romans. The concept of just war,...

This thesis examines the construction of legal arguments in the English ecclesiastical courts, 1193-1300. The primary source materials used are the records of the thirteenth-century provincial Court of Canterbury, the earliest extensive collection of English ecclesiastical court records. The thesis is divided into two sections: 1) the development and use of Romano- canonical procedure in the Court of Canterbury, and 2) the construction of arguments based on procedure, issues of fact, and issues of law, as well as the citation of legal sources. As yet, very little work has been done on the practical aspects of litigation and legal representation in the ecclesiastical courts before the fourteenth century. By combining a broad overview of procedure with a detailed analysis of select documents and cases, this thesis will provide a more in-depth study of legal argument in the ecclesiastical courts than has previously been available. In the thirteenth century, the ecclesiastical courts were operating within an extensive framework of written law, which made the litigants dependent on both the eloquence of their argument and on their ability to cite their sources and offer proofs. The increased complexity of arguments and the appearance of explicit canon and civil law citations at the end of the thirteenth century were almost certainly a result of the development of the roles of advocates in the church courts. This study will use the surviving records from Canterbury to provide a detailed picture of litigation in the period, in particular with regard to the way in which litigants constructed their arguments and accessed representation, and the manner in which legal experts made use of their education when practising in the church courts. This will allow us to further investigate how litigants were able to understand and make effective use of a changing legal system.

A chamada regra do usus auctoritas, presente na Lei das XII tábuas, é apontada, desde Cujácio (séc. XVI), e daí em diante por muitos juristas, como sendo uma antiga norma sobre a garantia do vendedor por meio de negócio formal, mancipatio em caso de evicção; o próprio sentido do vocábulo auctoritas seria «garantia», ou mesmo «dever de prestar garantia», neste caso particular inseparável da mancipatio. Mas o fragmento que traz essa regra USUS AUCTORITAS FUNDI BIENNIUM EST[O] nos foi transmitido por Cícero e (embora de forma já interpretada) Gaio; e estes a consideram uma espécie de antiga norma a respeito do usucapião (inicialmente apenas de imóveis). Outros juristas antigos e contemporâneos seguiram, em parte, essa interpretação original. O trabalho pretende trazer novos argumentos em favor dessa exegese natural de Cícero e Gaio no sentido de que a dita regra versa sobre usucapião, mais especificamente sobre uma sua forma arcaica e bastante peculiar. Investiga-se o surgimento da propriedade imobiliária em Roma e suas peculiaridades: o sistema augural, quase religioso, de limitação do solo destinado, no início, a todo cidadão romano, conferido por meio de atos de adsignatio (concessão) pelo «estado» em formação, que detinha a auctoritas ou poder; a passagem da soberania das gentes pré-romanas aos Quirites; a gradual privatização a atribuição dessa auctoritas coletiva e diretamente quiritária ao proprietário dessas parcelas de terra e a fragmentação do solo pelo direito privado regulado pela Lei das XII tábuas, que confere autonomia (a auctoritas ou título) aos indíviduos e suas famílias. Acrescenta-se uma breve análise lógica da regra e uma tentativa de a inserir no esquema geral do usucapião moderno. / The usus auctoritas rule from the Twelve Tables was conceived by Jacques Cujas (16th century AD), and many authors thereafter, as an ancient norm that established a warranty against eviction granted by the seller when transferring the ownership of the thing to the buyer through the performance of mancipatio. According to this view, the very word auctoritas is taken to mean warranty, or else to imply an obligation to give warranty, and is intrinsically associated with mancipatio. But the fragment of the sources that state this rule USUS AUCTORITAS FUNDI BIENNIUM EST[O] were brough to us by Cicero and Gaius (the latter in the form of an interpretation of the norm), and both consider it to be an ancient Roman disposition that originally dealt with usucaption of immovable property only. To a certain extent, various ancient and modern jurists accept the latter interpretation. The object of this thesis is to provide new arguments to support the more natural interpretation adopted by Cicero and Gaius, i.e., that the rule in question deals specifically with an archaic and peculiar form of usucapio. The present work analyzes the emergence of private ownership of immovable property in Rome and its peculiarities: the quasi-religious augural system of land apportionment adopted by the fledging Roman state to assign a lot of land to every Roman citizen through the performance of acts of adsignatio (allotment); the sovereignty transferred by the pre-Roman gentes to the Quirites; the process by which land plots were gradually privatized and landowners acquired this once collective and quiritarian auctoritas, and the resulting land apportionment caused by the application of rules of private law based on the Twelve Tables conferring autonomy (auctoritas or title) to individuals and their families. In the final lines, an attempt is made to provide a logical analysis of the rule and to place it within the general conceptual framework of modern usucaption.

The goal of this thesis is to summarize and describe August's accession to power and his legal reform in the spheres of the administration of the empire, financial administration, military, justiciary and family law. It is fascinating how one man during the period of his government managed to change all the political arrangements of the most powerful empire in the world in such a way that determined its direction and the development of the constitutional system for centuries ahead. The truth is, there was enough time for that. If August's government counts from the Battle of Actia, it took 45 years. No other emperor ruled the Roman Empire longer than him. This brought him the possibility to carry out all the reforms individually and gradually and he was very careful so that all his actions would make the appearance of continuity with the old republican system, and could not therefore be accompanied by any revolt by his contemporaries, although from the present perspective, these reforms in their totality were revolutionary indeed. However, we can also say that, with exceptions, such as the strong opposition of the population with his laws on family relations, these changes have been accepted peacefully. Indeed, this was also given by the fact that the company was already tired of a period of constant unrest...

This thesis extends recent scholarly interest in the practical processes of Late Antique Roman law and on the integration of the episcopate into Roman power structures in the fourth century, the first century of imperial patronage of Christian communities. It confirms the "minimalist" model of Roman governance and provides a non-medieval example of the persecution of minorities as a contingent effect of competing claims to authority. This thesis argues that fourth-century elite Roman men disputing episcopal status via the Roman courts led to a transformation of episcopal polity, and that this development has been obscured by a subsequent paradigm shift in the norms concerning episcopal use of Roman law towards the end of that century. This paradigm shift identified by this thesis has three important aspects:1. With the change in imperial dynasty from the Valentinians to Theodosians, imperial favour moved from non-Nicene to Nicene bishops. Disparity of access to imperial favour during the fourth century required Nicene-identified bishops to invent tools to succeed in spite of their poor position. After the Theodosian-Nicene takeover, the Nicene-identified bishops retained these tools while also inheriting the legal framework that the non-Nicene bishops had crafted during their mid-century period of patronage.2. The power structures through which imperial favour was granted also changed. The typical fourth-century use of Roman law to resolve inter-episcopal disputes was different from that which would become established as a more enduring precedent in the Theodosian era. 3. The episcopal rhetoric used in claiming imperial favour changed from a focus on affirming one's own privilege to a focus on the proscription of others. The terminology of orthodox versus heretical is significant but must be understood as relational: even once heretics were proscribed by law, orthodoxy remained a status granted by the emperor. The methodology of this thesis argues for the importance of interpreting the relevant fourth-century sources in the context of their own time and norms, rather than in the light of the significantly different fifth-century practice as previous scholarship has done. This thesis first discusses two case studies before the paradigm shift: in Chapter One, Athanasius of Alexandria, as an example typical of the fourth century, and in Chapter Two, Priscillian of Avila, as an example at the cusp of the transition in the 380s who still demonstrates conformance with earlier practice. The thesis then describes the transition to the Theodosian-Nicene mode with an extended focus on Ambrose of Milan. Chapter Three shows Ambrose, contemporary with Priscillian, refusing to engage with existing episcopal legal practices and inventing a new strategy to survive the threat of Roman law. Chapter Four shows how Ambrose further refined this strategy in other conflicts and in doing so created a new place for bishops within the power structures of the Roman Empire.

Le règne de Manuel Ier, est décrit à partir du respect du principe de la pietas. Le terme a une teneur morale canoniste et juridique qui concerne la capacité du Basileus de légiférer de façon juste en faveur des intérêts de l’État, en respectant toujours le Droit sacré. L’œuvre législative de Manuel Ier que les commentaires des juristes byzantins de l’époque tendaient vers une interprétation moderne de dispositions fondamentales du droit romain.L’objectif principal du programme a été de raffermir l’image sacerdotale du Basileus, qui avait été sécularisée durant la crise politique du XIe siècle. Le rapprochement de l’État et de l’Église sous Manuel Ier a été le fruit d’un réalisme politique, étant donné que l’Église était reconnue, premièrement comme un réservoir idéologique pour l’Empereur, deuxièmement comme un facteur de légitimité et troisièmement comme un facteur de cohésion sociale. Sur le plan du Droit, l’attachement de Manuel Ier aux lois civiles et la nécessité de leur application rigoureuse étaient liés à sa conception selon laquelle la civilisation juridique était en accord avec la supériorité du système d’État byzantin qui, dans le fond, exprimait l’ordre divin et la volonté de Dieu lui-même. Par conséquent, la soumission de la Basileia à la loi impliquait la soumission aux commandements de Dieu.L’incorporation et la soumission du droit canonique au droit public signifiaient la nécessité de dépasser le dualisme étatique entre Imperium et Sacerdotium, au profit d’un ordre juridique aux caractéristiques intrinsèquement suprématistes. L’intégration organique de l’Église dans ce programme valorisait de façon décisive ses responsabilités spirituelles vis-à-vis d’un Empereur qui concevait la gouvernance comme une responsabilité avant tout spirituelle. De même, la distinction entre canons et lois et la systématisation de l’étude de droit canonique témoignent de la nécessité pratique de l’existence d’un code de Droit unitaire, où non seulement la loi de l’État serait présentée alignée sur les besoins modernes de l’État, mais où le droit canonique contribuerait aussi aux besoins spirituels de la société. / Manuel’s I Comnenus reign is characterized from the respect to the principle of pietas. This notion has a moral and juridical content which determines the capacity of Basileus to act according to the State’s interests, respecting – in the same time – the Divine law. The legislative corpus of Manuel I is a manifestation of a tendency to a modern interpretation on fundamental principles of classic Roman law. This objective target of this program was to reconstruct the sacerdotal image of Basileus which has been secularized during the political crises of XI century. The rapprochement between the State and the Church was a fruit of political realism: i. The Church was recognized as an ideological tank for the Emperor, ii. as a factor of political legitimacy and iii. as a factor for the construction of the social cohesion. The attachment of Manuel I to the Civil Law and the necessity of his application was synonymous to his conception according to which the juridical civilization was the manifestation of the Byzantine State’s superiority, which fundamentally describe the divine order and the God’s will. This means that the submission of Basileia to the Civil Law was describing her submission to the God’s commandments. The incorporation and the submission of the Canon Law to the Civil Law describes the necessity for the overpassing the political dualism between Imperium and Sacerdotium in the horizon of a juridical order with supremacist characteristics. The integration of the Church in the Comneno’s political program was valuing decisively her spiritual responsibilities vis – a – vis an Emperor who understood his governance as a spiritual act. In the same way, the distinction between canons and laws and the systematization of the Canon Law studies saws the practical necessity of the existence of a unique code of Civil Law, which could express the modern needs of the State and in the same time could contribute to the spiritual needs of society.

Roman law aspects of acquiring property in the Civil Code Abstract The thesis deals with the modes of acquiring ownership in the Czech Civil Code, Act No. 89/2012 Sb., as well as in the Roman law. The aim of this thesis is to find the Roman- law context in the modes of acquiring ownership regulated by the current Civil Code. The thesis is divided into three parts, the first deals with the ownership in general, the original modes of acquisition of ownership are analysed in the second part, and the derivative modes of acquiring of ownership in the third. The aim of this thesis is not to describe all possible modes of ownership acquisition in detail, but to briefly introduce them and compare the above- mentioned legislations. The Civil Code is based on principles of Roman law. It is, however, understandable that the current legislation is different from the Roman law, as the Civil Code was adopted almost fifteen centuries after the famous Justinian codifications. The thesis describes the original modes of acquiring ownership. The original modes according the Civil Code include appropriation, discovery, natural accession (incl. accession of an immovable thing, alluvium and tear-off, and accession of movable things incl. acquiring fruits), mixed accession (incl. sowing and planting), artificial accession (incl....

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Three microcomputer based irrigation design programs were built using the BASIC language. The design models used agronomic, meteorological, economic, and environmental variables to design an irrigation system. Next, the design models computed the variable and fixed cost associated with a portable pipe, fixed big gun, traveling gun, and center pivot irrigation systems. The more economically important variables impacting fixed and variable irrigation costs were randomized in a uniform and independent distribution using the random number generator in the BASIC language. The design models were simulated using these uniform distributions to build a database representing 3000 observations for each irrigation system for a total of 12,000 observations. Each of these 12,000 observations encompassed the variable cost, fixed cost, parameters of the irrigation system, and the number of drought days the system would be operating. This database was analyzed to determine the relationships between cost and each of the variables. This analysis showed that all variables were linearly related to cost, except for field size. Further analysis showed that field size could be linearly transformed by using its inverse. The database and ordinary least squares were used to build econometric equations which summarized the design models' information. These econometric equations were used in an example to show how these models could be used in a benefit-cost analysis. Since the benefit-cost analysis was relatively simple, further refinement of the models to include income taxes, inflation, and risk assessment is recommended. / Master of Science