HISTORICAL AND CURRENT PREVALENCE OF THE ROMAN JURISPRUDENTIAL PRINCIPLE „TABULA PICTURAE CEDERE“
HISTORICAL AND CURRENT PREVALENCE OF THE ROMAN JURISPRUDENTIAL PRINCIPLE „TABULA PICTURAE CEDERE“
Author(s): Juan M. AlburquerqueSubject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Law on Economics, Canon Law / Church Law, Philosophy of Law, EU-Legislation, Maritime Law, Commercial Law, Court case, Comparative Law, Administrative Law, Labour and Social Security Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Tabula picta; accessio; pictura; specificatio; imago; dominus tabulae; iurisprudentia; bonae fidei
Summary/Abstract: In this study, we make and analyse a set of assessments and observations that seem to us more assumable, from historical and jurisprudential precedents, with the purpose of confirming the prevalent character of the principle of the proculeyan jurisprudence on the tabula picta, and its constant application until today, as can be seen in the current Spanish Civil Code. To this end, we will address: I. Introductory Summary: Accession in the Spanish Civil Code and preceding Roman jurisprudential problematic. II.Accessio as the most assumable framing and the possible differentiating profiles with specificatio. III. Possible indications related to the preceding beliefs, customs and traditions that may have motivated the change in the assignment of ownership to the painter. IV. Summary reference to some doctrinal comments on the alterations of the text of ІG 2.78, without abrupt changes in substance. V. Specific observations and analysis of the text of Gaius 2. 78: „Tabula picturae cedere“.
Journal: IUS ROMANUM
- Issue Year: 2022
- Issue No: 1
- Page Range: 610-634
- Page Count: 25
- Language: English