Some questions concerning money in Roman law — A new perspective

Erdődy, János (2007) Some questions concerning money in Roman law — A new perspective. Acta Antiqua, 47 (3). pp. 241-259. ISSN 0044-5975

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Abstract

This paper aims to outline three topics in connection with money in Roman law. Firstly, the traditional concept of money is examined through ancient legal sources, leading to a deeper scrutiny of certain decision-making principles of Roman lawyers, namely that of naturalis ratio and rerum natura . After the evaluation of the related sources, it becomes clear that these principles were used as a kind of canon to separate naturalis and absurdus , and that is why naturalis ratio and rerum natura became the foundation stone of several cases. Finally, the issue of iactus missilium is analysed, focusing mainly on the question whether it is really traditio in incertam personam , or something else. The texts dealing with iactus missilium are on the one hand highly unanimous concerning the terminology, while on the other hand they contain merely pro forma arguments. After a closer examination of these texts as well as their true nature, the iactus missilium seems rather the unity of derelictio and occupatio than traditio in incertam personam .

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