Revue internationale des droits de l'antiquité, 2018
How did the praetor and iudex work when in integrum restitutio was ordered? B. Kupisch' c... more How did the praetor and iudex work when in integrum restitutio was ordered? B. Kupisch' contribution (1974) to our understanding of this remedy under classical Roman law is recalled. Judicial and praetorian restitutio. Actio quod metus causa. Digest 4.2: hardly any interpolations. Kaser's evaluation and reception of Kupisch' views. Dig. 4.2.1; 4.2.9.1 and 8; 4.2.14.3.
Persée - Portail des revues scientifiques en SHS, 1993
Cauchies Jean-Marie, Martinage Renée, Lorgnier Jacques, Martyn Georges, Moorman van Kappen O., An... more Cauchies Jean-Marie, Martinage Renée, Lorgnier Jacques, Martyn Georges, Moorman van Kappen O., Annaert Philippe, Roelofsen C.-G., Funck Charles, Demars-Sion Véronique, Platelle Henri, Chorus Jeroen M.J. Société d'histoire du Droit et des Institutions des Pays flamands, picards et wallons. Journées internationales de Furnes-Ostende, 28-31 mai 1992. In: Revue du Nord, tome 75, n°299, Janvier-mars 1993. pp. 205-220
Hans (Johan Albert) Ankum was born on 23 July 1930 in a family originally coming from Germany 1 w... more Hans (Johan Albert) Ankum was born on 23 July 1930 in a family originally coming from Germany 1 with a socialist background. His father was appointed burgomaster in Koog aan de Zaan, a small town north of Amsterdam in 1946 and his mother was a teacher of French. He was the elder of two brothers. After secondary school in Zaandam, where he studied Greek and Latin, he studied law at the Amsterdam Municipal University. He hesitated momentarily because of his musical talents. The Conservatory could be another attractive option, but he eventually chose the law faculty in the Municipal University of Amsterdam as his future domain. Among his Amsterdam teachers were Marcel Henri Bregstein (1900-1957), a brilliant professor of private law, and Hendrik Richard Hoetink (1900-1963), professor of Roman law. He certainly was a very good student and after his master's degree (1953) he went to Paris with a Dutch scholarship where he lived in the Dutch Pavilion in the Cité Universitaire for two years (1954-1956). There he started the research for what was to be a voluminous doctoral thesis on the actio Pauliana and its history. 2 Moreover, he made many friends amongst the French Romanists and legal historians. After 1956 he was an assistant of Professor Hoetink.
SummaryThis article reviews C.J.H. Jansen’s attempt to write the history of Private Law (except f... more SummaryThis article reviews C.J.H. Jansen’s attempt to write the history of Private Law (except for Commercial Law) doctrine in The Netherlands during the 19th Century. Regrettably, Jansen’s book does next to nothing discuss academic and other scholarly writings on the Law of Property and of Obligations, and does not at all discuss such writings on the Law of Persons and the Family, of Juristic Persons and of Succession. It only deals with aspects of methodology, of sources of law and of extra-legal factors which inspired some authors, apart from pouring out over the reader lots of facts unconnected with Private Law doctrine. The book’s title is misleading.
Until recently it was generally taught that in classical Roman law ownership could not be transfe... more Until recently it was generally taught that in classical Roman law ownership could not be transferred only for a definite time or under a resolutive condition, though exceptions were allowed. That a dogma (1) of the impossibility of transfer of ownership only for a given time, and (2) of the impossibility of temporary ownership formed part of Roman law, was thought to be evidenced by two texts: Fragmenta Vaticana 283, an imperial rescript dating from 286 AD, and a Scholion to Basilica 16.1.4, taken from the commentary on the Digest by the Antecessor Stephanos (536-542 AD). As a third source one could add the interpolated version of that rescript, Codex 8.54.2. The interpretation of Fragment 283 has been the topic of considerable controversy. Recently a new explanation was proposed, which, however, is shown to have no sound foundation. The argument occasions revisiting the two texts. It is submitted that dogma 1 cannot be deduced from either of them, but that dogma 2 was known by Ste...
Comparative and historical essays in Scots Law. A tribute to Professor Sir Thomas Smith QC, 1992
Contrasting English and Civilian evidence and procedure in civil causes as adversarial/accusatori... more Contrasting English and Civilian evidence and procedure in civil causes as adversarial/accusatorial versus inquisitorial is quite misleading. Verhandlungsmaxime opposed to Untersuchungsmaxime or Inquisitionsmaxime. N.T. (von) Gönner (1801). It is proposed to abandon altogether applying the Verhandlungsmaxime to pre-1800 civil procedure. Demonstration of this proposition to 17th and 18th centuries Germany, The Netherlands and Scotland. Gemany: Caspar Ziegler, Justus Henning Boehmer, and others, listed by Falk Bomsdorf (1971). The Netherlands: Johannes Voet (officium mercenarium and nobile; jura novit curia), Neostadius/Pelgrim van Loo, Bynkershoek and Pauw, Observationes tumultuariae. Scotland: Stair, Erskine, Bankton.
Évocation brève de la genèse des Libri feudorum depuis la fin de l'XIe siècle. Enseigneme... more Évocation brève de la genèse des Libri feudorum depuis la fin de l'XIe siècle. Enseignement d'Obertus de Orto à Milan vers 1150. Le premier apparat (incomplet) sur les LF: Pillius à Modène vers la fin du XIIe siècle. Accurse reprend et élargit cet apparat à Bologne, vers 1225. L'enseignement sur l'investitura, au sens 'propre' (de possession) et au sens 'abusif' (de l'acte formel per hastam). Malentendu de Pillius et des feudistes savants postérieurs. Investitura per hastam: descendant du transfert formel du droit lombard? Dans les LF, investitura ne signifie jamais transfert de possession.
List of Contributors and Editors. Abbreviations. Preface J.H.M. Van Erp. Part I. Dutch Legal Syst... more List of Contributors and Editors. Abbreviations. Preface J.H.M. Van Erp. Part I. Dutch Legal System. 1. History J.M.J. Chorus, E.C. Coppens. 2. Dutch Legal Culture: Persisting or Waning? E. Blankenburg. 3. Judicial Organization A.FM. Brenninkmeijer. 4. Legal Education and the Legal Profession G.R. de Groot. 5. Classification E. H. Hondius. Part II. Private Law. 6. Family Law P. Vlaardingerbroek. 7. Property Law W.M. Kleijn, J.P. Jordaans, H. B. Krans, H.D. Ploeger, F. A. Steketee, revised by J.M.J. Chorus. 8. Law of Obligations A.S. Hartkamp. 9. Representation and Procuration P.H.M. Gerver. 10. Legal Persons P.H. M. Gerver. 11. Law of Succession P.H.M. Gerver. 12. Commercial Law J.B. Huizink. 13. Specific Contracts E.H. Hondius. 14. Civil Procedure H.J.. Snijders. 15. Private International Law Th. M. de Boer, R. Kotting. Part III. Public Law., 16. Constitutional Law E.A. Alkema. 17. Administrative Law A.J.C. de Moor-van Vugt, B. W.N. de Waard. 18. Environmental Law J.M. Verschuuren....
What are Legal Dogmatics? Contemporary Dogmatics of proprietary effects of legal prohibitions: DC... more What are Legal Dogmatics? Contemporary Dogmatics of proprietary effects of legal prohibitions: DCFR. Proprietary effects of legal prohibitions in classical Roman Law. Perfect, less-than-perfect and imperfect statutory and non-statutory prohibitions. The prohibited donatio inter virum et uxorem and its 'Drittwirkung'. Exegesis of Dig. 24.1.3.10, 24.1.36 pr., 24.1.5.18, 41.6.1.2, 24.1.44, 24.1.24 and 41.7.5 pr.
Obituary of professor J.A. (Hans) Ankum (1930-2019), who taught Roman Law and Legal History at th... more Obituary of professor J.A. (Hans) Ankum (1930-2019), who taught Roman Law and Legal History at the University of Amsterdam. Biography - publications - other activities and honours - ars longa vita brevis.
Roman Law is part of all modern legal systems, though mostly in an indirect way. In some systems ... more Roman Law is part of all modern legal systems, though mostly in an indirect way. In some systems it is still a living source: from Scotland to San Marino, even if it lives behind veils. Lastly, in 1962, the South Pole has been Romanized.
This article reviews C.J.H. Jansen's attempt to write the history of Private Law (except for Comm... more This article reviews C.J.H. Jansen's attempt to write the history of Private Law (except for Commercial Law) doctrine in The Netherlands during the 19th Century. Regrettably, Jansen's book does next to nothing discuss academic and other scholarly writings on the Law of Property and of Obligations, and does not at all discuss such writings on the Law of Persons and the Family, of Juristic Persons and of Succession. It only deals with aspects of methodology, of sources of law and of extra-legal factors which inspired some authors, apart from pouring out over the reader lots of facts unconnected with Private Law doctrine. The book's title is misleading.
Revue Internationale des Droits de l'Antiquité, 2018
How did the praetor and iudex work when in integrum restitutio was ordered? B. Kupisch' contribut... more How did the praetor and iudex work when in integrum restitutio was ordered? B. Kupisch' contribution (1974) to our understanding of this remedy under classical Roman law is recalled. Judicial and praetorian restitutio. Actio quod metus causa. Digest 4.2: hardly any interpolations. Kaser's evaluation and reception of Kupisch' views. Dig. 4.2.1; 4.2.9.1 and 8; 4.2.14.3.
Revue internationale des droits de l'antiquité, 2018
How did the praetor and iudex work when in integrum restitutio was ordered? B. Kupisch' c... more How did the praetor and iudex work when in integrum restitutio was ordered? B. Kupisch' contribution (1974) to our understanding of this remedy under classical Roman law is recalled. Judicial and praetorian restitutio. Actio quod metus causa. Digest 4.2: hardly any interpolations. Kaser's evaluation and reception of Kupisch' views. Dig. 4.2.1; 4.2.9.1 and 8; 4.2.14.3.
Persée - Portail des revues scientifiques en SHS, 1993
Cauchies Jean-Marie, Martinage Renée, Lorgnier Jacques, Martyn Georges, Moorman van Kappen O., An... more Cauchies Jean-Marie, Martinage Renée, Lorgnier Jacques, Martyn Georges, Moorman van Kappen O., Annaert Philippe, Roelofsen C.-G., Funck Charles, Demars-Sion Véronique, Platelle Henri, Chorus Jeroen M.J. Société d'histoire du Droit et des Institutions des Pays flamands, picards et wallons. Journées internationales de Furnes-Ostende, 28-31 mai 1992. In: Revue du Nord, tome 75, n°299, Janvier-mars 1993. pp. 205-220
Hans (Johan Albert) Ankum was born on 23 July 1930 in a family originally coming from Germany 1 w... more Hans (Johan Albert) Ankum was born on 23 July 1930 in a family originally coming from Germany 1 with a socialist background. His father was appointed burgomaster in Koog aan de Zaan, a small town north of Amsterdam in 1946 and his mother was a teacher of French. He was the elder of two brothers. After secondary school in Zaandam, where he studied Greek and Latin, he studied law at the Amsterdam Municipal University. He hesitated momentarily because of his musical talents. The Conservatory could be another attractive option, but he eventually chose the law faculty in the Municipal University of Amsterdam as his future domain. Among his Amsterdam teachers were Marcel Henri Bregstein (1900-1957), a brilliant professor of private law, and Hendrik Richard Hoetink (1900-1963), professor of Roman law. He certainly was a very good student and after his master's degree (1953) he went to Paris with a Dutch scholarship where he lived in the Dutch Pavilion in the Cité Universitaire for two years (1954-1956). There he started the research for what was to be a voluminous doctoral thesis on the actio Pauliana and its history. 2 Moreover, he made many friends amongst the French Romanists and legal historians. After 1956 he was an assistant of Professor Hoetink.
SummaryThis article reviews C.J.H. Jansen’s attempt to write the history of Private Law (except f... more SummaryThis article reviews C.J.H. Jansen’s attempt to write the history of Private Law (except for Commercial Law) doctrine in The Netherlands during the 19th Century. Regrettably, Jansen’s book does next to nothing discuss academic and other scholarly writings on the Law of Property and of Obligations, and does not at all discuss such writings on the Law of Persons and the Family, of Juristic Persons and of Succession. It only deals with aspects of methodology, of sources of law and of extra-legal factors which inspired some authors, apart from pouring out over the reader lots of facts unconnected with Private Law doctrine. The book’s title is misleading.
Until recently it was generally taught that in classical Roman law ownership could not be transfe... more Until recently it was generally taught that in classical Roman law ownership could not be transferred only for a definite time or under a resolutive condition, though exceptions were allowed. That a dogma (1) of the impossibility of transfer of ownership only for a given time, and (2) of the impossibility of temporary ownership formed part of Roman law, was thought to be evidenced by two texts: Fragmenta Vaticana 283, an imperial rescript dating from 286 AD, and a Scholion to Basilica 16.1.4, taken from the commentary on the Digest by the Antecessor Stephanos (536-542 AD). As a third source one could add the interpolated version of that rescript, Codex 8.54.2. The interpretation of Fragment 283 has been the topic of considerable controversy. Recently a new explanation was proposed, which, however, is shown to have no sound foundation. The argument occasions revisiting the two texts. It is submitted that dogma 1 cannot be deduced from either of them, but that dogma 2 was known by Ste...
Comparative and historical essays in Scots Law. A tribute to Professor Sir Thomas Smith QC, 1992
Contrasting English and Civilian evidence and procedure in civil causes as adversarial/accusatori... more Contrasting English and Civilian evidence and procedure in civil causes as adversarial/accusatorial versus inquisitorial is quite misleading. Verhandlungsmaxime opposed to Untersuchungsmaxime or Inquisitionsmaxime. N.T. (von) Gönner (1801). It is proposed to abandon altogether applying the Verhandlungsmaxime to pre-1800 civil procedure. Demonstration of this proposition to 17th and 18th centuries Germany, The Netherlands and Scotland. Gemany: Caspar Ziegler, Justus Henning Boehmer, and others, listed by Falk Bomsdorf (1971). The Netherlands: Johannes Voet (officium mercenarium and nobile; jura novit curia), Neostadius/Pelgrim van Loo, Bynkershoek and Pauw, Observationes tumultuariae. Scotland: Stair, Erskine, Bankton.
Évocation brève de la genèse des Libri feudorum depuis la fin de l'XIe siècle. Enseigneme... more Évocation brève de la genèse des Libri feudorum depuis la fin de l'XIe siècle. Enseignement d'Obertus de Orto à Milan vers 1150. Le premier apparat (incomplet) sur les LF: Pillius à Modène vers la fin du XIIe siècle. Accurse reprend et élargit cet apparat à Bologne, vers 1225. L'enseignement sur l'investitura, au sens 'propre' (de possession) et au sens 'abusif' (de l'acte formel per hastam). Malentendu de Pillius et des feudistes savants postérieurs. Investitura per hastam: descendant du transfert formel du droit lombard? Dans les LF, investitura ne signifie jamais transfert de possession.
List of Contributors and Editors. Abbreviations. Preface J.H.M. Van Erp. Part I. Dutch Legal Syst... more List of Contributors and Editors. Abbreviations. Preface J.H.M. Van Erp. Part I. Dutch Legal System. 1. History J.M.J. Chorus, E.C. Coppens. 2. Dutch Legal Culture: Persisting or Waning? E. Blankenburg. 3. Judicial Organization A.FM. Brenninkmeijer. 4. Legal Education and the Legal Profession G.R. de Groot. 5. Classification E. H. Hondius. Part II. Private Law. 6. Family Law P. Vlaardingerbroek. 7. Property Law W.M. Kleijn, J.P. Jordaans, H. B. Krans, H.D. Ploeger, F. A. Steketee, revised by J.M.J. Chorus. 8. Law of Obligations A.S. Hartkamp. 9. Representation and Procuration P.H.M. Gerver. 10. Legal Persons P.H. M. Gerver. 11. Law of Succession P.H.M. Gerver. 12. Commercial Law J.B. Huizink. 13. Specific Contracts E.H. Hondius. 14. Civil Procedure H.J.. Snijders. 15. Private International Law Th. M. de Boer, R. Kotting. Part III. Public Law., 16. Constitutional Law E.A. Alkema. 17. Administrative Law A.J.C. de Moor-van Vugt, B. W.N. de Waard. 18. Environmental Law J.M. Verschuuren....
What are Legal Dogmatics? Contemporary Dogmatics of proprietary effects of legal prohibitions: DC... more What are Legal Dogmatics? Contemporary Dogmatics of proprietary effects of legal prohibitions: DCFR. Proprietary effects of legal prohibitions in classical Roman Law. Perfect, less-than-perfect and imperfect statutory and non-statutory prohibitions. The prohibited donatio inter virum et uxorem and its 'Drittwirkung'. Exegesis of Dig. 24.1.3.10, 24.1.36 pr., 24.1.5.18, 41.6.1.2, 24.1.44, 24.1.24 and 41.7.5 pr.
Obituary of professor J.A. (Hans) Ankum (1930-2019), who taught Roman Law and Legal History at th... more Obituary of professor J.A. (Hans) Ankum (1930-2019), who taught Roman Law and Legal History at the University of Amsterdam. Biography - publications - other activities and honours - ars longa vita brevis.
Roman Law is part of all modern legal systems, though mostly in an indirect way. In some systems ... more Roman Law is part of all modern legal systems, though mostly in an indirect way. In some systems it is still a living source: from Scotland to San Marino, even if it lives behind veils. Lastly, in 1962, the South Pole has been Romanized.
This article reviews C.J.H. Jansen's attempt to write the history of Private Law (except for Comm... more This article reviews C.J.H. Jansen's attempt to write the history of Private Law (except for Commercial Law) doctrine in The Netherlands during the 19th Century. Regrettably, Jansen's book does next to nothing discuss academic and other scholarly writings on the Law of Property and of Obligations, and does not at all discuss such writings on the Law of Persons and the Family, of Juristic Persons and of Succession. It only deals with aspects of methodology, of sources of law and of extra-legal factors which inspired some authors, apart from pouring out over the reader lots of facts unconnected with Private Law doctrine. The book's title is misleading.
Revue Internationale des Droits de l'Antiquité, 2018
How did the praetor and iudex work when in integrum restitutio was ordered? B. Kupisch' contribut... more How did the praetor and iudex work when in integrum restitutio was ordered? B. Kupisch' contribution (1974) to our understanding of this remedy under classical Roman law is recalled. Judicial and praetorian restitutio. Actio quod metus causa. Digest 4.2: hardly any interpolations. Kaser's evaluation and reception of Kupisch' views. Dig. 4.2.1; 4.2.9.1 and 8; 4.2.14.3.
Professor János Zlinszky: luminous restorer of democratic rule of law in Hungary, 1989. A value w... more Professor János Zlinszky: luminous restorer of democratic rule of law in Hungary, 1989. A value which must be protected: judges are to be guided by their conscience. Three examples from Western legal history: (1) The role of the conscience of the court in assessing evidence. (2) The late medieval debate on 'allegata et probata' versus private 'conscientia' of the court. (3) Judges guided by their conscience during the rule of violence (Nazis, Soviet Union). What is the 'conscience' of the court? Bangalore Principles of Judicial Conduct (2007). The 'irrational jump' of the judge (Paul Scholten).
1. General Principles and Concepts; Survey (zakenrecht/goederenrecht; absolute/personal rights; d... more 1. General Principles and Concepts; Survey (zakenrecht/goederenrecht; absolute/personal rights; distribution over Books 3 and 5 Civil Code). - 2. Acquisition of Ownership/of Other Property (transfer of property; traditio, valid causa, right to dispose, conveyance, assignment, etc.). - 3. Security Rights and Other Restrictions to Paritas Creditorum (pledge; mortgage; preference and privileges; retention; separate estates).
Modern Political History of The Netherlands. The Courts. Historical Sources of Dutch Law: indigen... more Modern Political History of The Netherlands. The Courts. Historical Sources of Dutch Law: indigenous Dutch laws; ius commune; natural law; French law; other, varied sources. Legal Learning.
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