Thesis--Kiel, 1856. / Filmed with 61 other items from the Dittenberger-Vahlen collection of German dissertations and Programmschriften on classical studies. Includes bibliographical references.

Thèse--Paris.

Thesis--Paris, 1898. / Includes bibliographical references.

The thesis deals with the recovery of benefits that have been transferred under illegal or immoral transactions, in particular from the perspective of the law of unjustified enrichment. The rules governing this area of law in all the legal systems that are studied originate in classical Roman law, which principally granted a remedy for the recovery of benefits conferred under a tainted cause (the so-called <i>condictio ob turpem vel iniustam causam</i>). Only where both parties were involved in an immoral transaction was recovery barred, according to the maxim <i>in pari delicto potior est possidentis</i>. However, modern law usually applies the bar to recovery not only to immoral but also to illegal transactions. This extension of the bar, as well as its strict legal consequence of completely barring recovery, can lead to overly harsh results. The comparison of two civilian legal systems, Germany and Italy, will demonstrate modern civilian approaches on how to mitigate the strict consequences of the bar. The study of English law identifies a very different approach to the solution of the same problem. The law of the mixed legal system of Scotland started from a civilian basis in this area. However, it subsequently came under the influence of the common law, which received only the bar to recovery, and developed it into a principle of non-recovery in cases of illegality. The thesis argues that it is undesirable to follow the common law influences in the Scots law of unjustified enrichment. Scots law should rather develop its civilian roots and proceed on the assumption that transfers made under immoral and illegal transactions are recoverable in principle. It is also argued that Scots law has sufficient authority to restrict the <i>pari delicto</i> rule to its original scope and thereby apply the bar to recovery only to cases of mutual turpitude.

Diss.--Heidelberg. / Bibliography: p. [103]-104.

Inaug.-diss.--Ruprects-Karl-University, Heidelberg.

The lex Iulia de adulteriis of 18 BCE, which for the first time made adultery a criminal offence and created a standing court, was touted by the Augustan regime as a return to the moral customs of the Republican past. However, the new reform in fact represented a significant shift away from the traditional authority of the Roman paterfamilias to punish transgressions privately at his discretion and towards the legal power of the emperor and Senate to define and regulate morality on a public scale. Using a variety of primary source evidence, I explore the provisions of the adultery law and place the resulting criminal trials within the context of public staging of the Roman aristocracy. In this way, the adultery law forms part of a larger trend of elite moral regulation becoming public spectacle. / Graduate

Thesis, Zürich. / "Schrifttum und abkürzungen": p. 4-6.

Univ., Diss.--Nijmegen, 2006. / Summary.

Thesis (doctoral)--Università degli studi di Roma "La Sapienza", 2004. / Includes bibliographical references (p. [323]-336) and index.