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.
University of Florence, Italy
Book Title
Apparenza del diritto e rapporti di fatto nell'esperienza giuridica di Roma antica
Authors
Francesca Rossi
Peer Reviewed
Number of Pages
298
Publication Year
2020
Copyright Information
© 2020 Author(s)
Content License
Metadata License
Publisher Name
Firenze University Press
DOI
10.36253/978-88-5518-073-3
ISBN Print
978-88-5518-072-6
eISBN (pdf)
978-88-5518-073-3
eISBN (xml)
978-88-5518-074-0
Series Title
Premio Tesi di Dottorato
Series ISSN
2612-8039
Series E-ISSN
2612-8020