VIARD (Paul-Émile) – AGREEMENTS ADDED TO CONTRACTS IN CLASSICAL ROMAN LAW
VIARD (Paul-Émile) – AGREEMENTS ADDED TO CONTRACTS IN CLASSICAL ROMAN LAW
    VIARD (Paul-Émile)
    ADDITIONAL AGREEMENTS TO CONTRACTS IN CLASSICAL ROMAN LAW
Édition :
    Paris
Date :
    1929
    octavo, paperback, uncut, good condition, 152 p.
    “The doctrine of pacts is one of the most interesting and least known aspects of the development of Roman law, which is attracting increasing attention from modern scholars. Therefore, the thorough and meticulous study by the Frenchman Viard, discussed here, will be of particular interest, both alongside and in comparison to the work of the Italian Giuseppe Grosso, which Viard apparently did not take into account. His work also deserves consideration because, following Girard’s French method, it places less emphasis on research into interpolations than German and Italian scholarship. Despite this, Viard avoids mere panegyric, but attempts to shed new light on historical developments by examining the material content of the passages and the interpretation of the classics. I have the impression that he thinks too dogmatically and in a modern way, and that he is too reserved in his textual criticism; Unfortunately, he also failed to consult the basilica sources, which are precisely what is important for our subject. We should not expect him to have been familiar with all the recent literature, given the scope of international research on Roman law and the difficulty of reviewing the literature—despite this, the author cites the literature extensively—but he should have engaged more vigorously with his predecessors on several occasions (see, for example, pp. 113 ff.). Even though, as will be seen, I disagree with the author's conclusions, I consider his starting point to be quite remarkable.” (Heinrich Stoll, Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Romanistische Abteilung, 1930).

Référence : 52248

Mots-clés : Roman Law - Ancient Law, Law of Obligations - Treatise on Contracts

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