1,721,228 research outputs found

    Il carattere paradigmatico della classificazione dei ‘foedera’: dalla partizione di Livio alla sistematica di Grozio

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    The scholarly debate has often criticized the traditional distinction between foedera aequa and foedera iniqua, because of the absence of this terminology in the Roman sources, being the second category a creation of their interpretation by Grotius. However, the study of the Roman international relationships clarifies that a simply terminological analysis of the different types of foedera doesn’t make justice of the complexity of the phenomenon, and that a true picture can be obtained only taking into account the political and military power of Rome and its effects in the standardization of international relationships.[...

    La struttura del postliminium nella repubblica e nel principato

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    The aim of the research is to trace the history of the postliminium in the republican age. The jurisprudence passes from a materialist conception of the institut to an abstrac one in the relationship with the ius gentium.[...

    L'eredità dell'actio de dolo e il problema del danno meramente patrimoniale

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    Since the Middle Ages, the European civil law tradition has been characterized by a tendency to identify the non-contractual damage with the Aquilian damage. This has caused, in the Italian civil law, the difficulty to identify the contractual or non-contractual nature of those damages that neither arise from a contract nor coincide with material injuries: the so-called pure economic loss. The research attempts to reconstruct, moving from the Roman law, the complexity of the notion of non contractual damage, particularly focusing on the history of the actio de dolo, in order to offer an historical-dogmatic basis for a better understanding of some problems in the modern law systems.[...

    Amicitia e societas nei rapporti tra Roma e gli altri popoli del Mediterraneo

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    The strange expression ‘amicitia and societas’ is a novelty in theRoman international relations. Until the Romans have contacts with peoplesof Italy, they gave their treaties the form of societas. The new formula‘amicitia and societas’ seems to arise only when Rome got in contact withthe other peoples of the Mediterranean area. The article aims to demonstratethat the roots of this formula are in the international relations of theancient Near East, and that the Romans adopted it through the Greeks.Later, they adapted the formula to their expansive policy by using it toimpose the maiestas populi Romani, as shown by Grotius’ interpretationof the Roman international relations.[...
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