Culpa: Facets of Liability in Ancient Legal Theory and Practice. Proceedings of the Seminar held in Warsaw 17-19 February 2011Author :
Hardback
Published : Monday 31 December 2012
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31 Dec 2012
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Description
This book deals with one of the key moments in the history of Byzantium and Europe and , namely the transitional period between Antiquity and Middle Ages, a topic which gains particularattention among scholars from multiple fields: historians, archaeologists and philologists.
This work presents the newest trends appearing in the field of Roman Law particularly devoted to the fault-based liability - culpa - that were addressed at the International Conference organised by the Faculty of Law and Administration of Warsaw University in February 2010. Articles written by Merola, Rampazzo and Tucillo touch the problem of culpa in the public law. The authors concentrated on the question of liability of public officers and their culpa or negligence during the performance of their duties. The social scope of culpa as the prerequisite for a censorial note has been presented by Tarwacka. Adamo addressed some important aspect of fault-related liability in criminal law dealing with the regulations of Theodosian Code. Private law side fault based-liability in contracts was presented by Benincasa and Kordasiewicz. They both analysed contracts used in maritime trade, the former regarding armature's partnership, the latter in the aspect of the transition from objective liability to the liability based on fault in the case of guarantee for the goods admitted by the sailor. Manni andSwiecicka devoted their studies to the delictual liability based on culpa. Finally, Alonso and Urbanik attempted to present culpa-liability in the light of papyrological sources, confronting Roman Law sources and documents of legal practice. These studies provide a wealth of information on the law of antiquity in the subject of liability based on fault, both in the aspect of private and public law.
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