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Pandectism and the Gaian Classification of Things

Giglio, Francesco (2012) Pandectism and the Gaian Classification of Things University of Toronto Law Journal, 62 (1). pp. 1-28.

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Abstract

Gaius was the first Roman jurist to classify legal things into corporeal and incorporeal. His influential classification did not expressly mention the right of ownership. The German Pandectists justified this absence arguing that the list of tangibles referred to the objects of ownership. Following Pandectism, many modern legal systems acknowledge ownership only with regard to corporeal things. This paper departs from the Pandectists' conclusions. The categorization at issue should be read as part of Gaius's effort to educate his students for the legal profession. Gaius proposed a coherent classification embedded into a clear didactic project. The jurist was not seeking to advance a theory of ownership, but to link the legal actions to their objects.

Item Type: Article
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
NameEmailORCID
Giglio, Francescof.giglio@surrey.ac.ukUNSPECIFIED
Date : 16 March 2012
Identification Number : 10.3138/utlj.62.1.1
Copyright Disclaimer : Copyright University of Toronto Press
Uncontrolled Keywords : legal thing, ownership, Pandectism, comparative law, Roman law, rights in rem, rights in personam
Depositing User : Melanie Hughes
Date Deposited : 05 Sep 2017 16:08
Last Modified : 05 Sep 2017 16:08
URI: http://epubs.surrey.ac.uk/id/eprint/842190

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