Le régime Romain de la noxalité. De la vengenance collective à la responsabilité individuelle. - VISSCHER, F. de,

KORTE INHOUD

'In this monumental work Professor de Visscher attempts to reconstruct the history of the idea of noxality and of the legal rules in which it came to be embodied.(...) De Visscher holds that previous writers (...) worked on the assumption that Roman law knew only one 'system of noxality', essentially the same under the XII Tables and in classical law, whereas the key is to be found in the hypothesis of two distinct procedures, dating from different epochs but the older surviving into classical law alongside of and complementary to, the newer. His whole history divides itself into four stages; pre-legal; an early system of 'legal noxality'; the classical system of 'actiones noxales'; post-classical deformations and conflations. (...) Of all these matters De Visscher gives us a careful and documented discussion. But the essential point of his theory, on which he has been working since 1917, and which he supports with great erudition both romanistic and comparative, is the 'dualistic' hypothesis of a system of '... Lees verder...

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1947Uitgever: De Vissscher