Representation and ostensible authority in medieval learned law (Book, 2019) [WorldCat.org]
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Representation and ostensible authority in medieval learned law
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Representation and ostensible authority in medieval learned law

Author: Guido Rossi, (Professeur de droit)
Publisher: Frankfurt am Main : Vittorio Klostermann, 2019.
Series: Studien zur europäischen Rechtsgeschichte : Veröffentlichungen des Max-Planck-Instituts für europäische Rechtsgeschichte Frankfurt am Main, Band 319
Edition/Format:   Print book : EnglishView all editions and formats
Summary:
"When is it possible to hold valid an act done unlawfully? To answer the question, medieval civil lawyers focused mainly on the case of a slave elected praetor in the mistaken belief that he was a Roman citizen. Most jurists argued that the validity of an act should depend on the validity of its source. But whilst early civil lawyers thought that the source was the person vested with some specific powers (such as  Read more...
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Details

Document Type: Book
All Authors / Contributors: Guido Rossi, (Professeur de droit)
ISBN: 9783465043904 3465043901
OCLC Number: 1227468661
Description: xii, 598 pages ; 24 cm.
Series Title: Studien zur europäischen Rechtsgeschichte : Veröffentlichungen des Max-Planck-Instituts für europäische Rechtsgeschichte Frankfurt am Main, Band 319
Responsibility: Guido Rossi.

Abstract:

"When is it possible to hold valid an act done unlawfully? To answer the question, medieval civil lawyers focused mainly on the case of a slave elected praetor in the mistaken belief that he was a Roman citizen. Most jurists argued that the validity of an act should depend on the validity of its source. But whilst early civil lawyers thought that the source was the person vested with some specific powers (such as the judge, the notary, etc.), later on they began to think of the person as representative of an office, and to ascribe the acts directly to the office itself. This evolution – and so, the foundations of the concept of ostensible authority – was due to the influence of canon lawyers, who had to deal with a similar problem: what if a bishop was secretly heretical?"--

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