Summary:

Final Written Assignment

(50 marks: 50% of the final mark; word limit 3000 excluding footnotes)

Question One (25 marks)

What is the Roman Law Causa?

Could ‘causa’ explain the enforceability of verbal, real, consensual and innominate contracts in Roman Law (as the medieval jurists thought)? Is ‘causa’ a redundant concept: should not consent (or ascertainment of the party’s intentions) be enough for making the agreement enforceable? Is ‘consideration’ at common law different from the Roman Law causa (or the civil law causa)?

Reflect on the case law from the lectures on Roman Law and on the post-Roman legal evolution [particularly, weeks 9-12] and other relevant case-law (from tutorials and lectures).

Question Two (25 marks)

Transfer of property: why delivery & justa causa?

In Roman Law, for property to pass there must be delivery and justa causa (Paul D 41.1.31 pr.). The modern French law adopted ‘consensual’ transfer. The German law developed ‘abstraction principle’ [lecture week 12]. Reflect on these two solutions against the background of Roman law controversy between Julian (D 41.1.36) and Ulpian (D 12.1.18 pr) [tutorial week 3]. Which solution makes more sense in a view of Paul’s rule? What about the Roman law rule as to passing risk? Could it be reconciled with the rule as to transfer of property?

Reflect on the relevant case-law from the lectures and tutorials.

[Please cite the relevant case-law in footnotes.]
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Posted on May 13, 2016Author TutorCategories Question, Questions