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    Apparenza del diritto e rapporti di fatto nell'esperienza giuridica di Roma antica

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    Author(s)
    Rossi, Francesca
    Language
    Italian
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    Abstract
    The thesis examines the dialectic between fact and law in the juridical experience of Rome in the light of the principle of appearance of law. For each of the main manifestations of the principle of appearance (apparent heir, apparent creditor, apparent representative) a possible historical antecedent in Roman law (possessor pro herede, falsus creditor, falsus procurator) is identified, a detailed analysis of which is proposed, taking into account ancient sources and doctrinal interpretations. Subsequently the ‘de facto’ family relationships (more uxorio relations, matrimonium iniustum and concubinage) are examined, since they can in turn be traced back to the principle of appearance. In its questioning of the reasons of the extension of the juridical discipline to the apparent case, the research identifies a common tendency to the various phenomena that, although heterogeneous, express the same tension between fact and law present in the legal systems of every historical epoch.
    URI
    https://library.oapen.org/handle/20.500.12657/55632
    Keywords
    roman law; appearance of law; possessor pro herede; falsus procurator; de facto family relationships
    DOI
    10.36253/978-88-5518-073-3
    ISBN
    9788855180733, 9788855180726, 9788855180740, 9788855180733
    Publisher
    Firenze University Press
    Publisher website
    https://www.fupress.com/
    Publication date and place
    Florence, 2020
    Series
    Premio Tesi di Dottorato, 84
    Pages
    298
    Rights
    https://creativecommons.org/licenses/by/4.0/
    • Imported or submitted locally

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    License

    • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

    Credits

    • logo EU
    • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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