Hey, does anyone know what is meant by external legal history and internal legal history? Thanks in advance and good luck with the resit
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External legal history is the context; internal legal history is focused on the law itself, and for our course it is on contract law. :)
I see, thanks a lot :)
when should we be getting back our grades for the exams and the course overall?
up to 4 weeks after the exam
They just announced that the grades are getting published today.
Guys I got 12 corrects answers, how can I calculate my point? Thnx
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The calculation is a long thing to type out but you got a 5.5 on the exam so you have 3 points from the exam and you need 2.5 points out of 4.5 available on the assignments.
It's actually not that long, for x correct out of 30 questions go x * 4 / 9 - 3.33.
Hi guys do we need to pass both assignments and exam individually in order to pass the course or just get a 5,5 after the final calculation ? Thanks
just getting a 5,5 after the final calculation
how many questions on the exam? 30 or 40?
30
Hey, i have been going over the past exams, am I correct in assuming we won't get any questions relating to contract law?
There will be maximum two questions regarding contract law, basically they will give us a text and reading it we have to name the error/contract/principle in it. Thats what I understood.
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Waw this looks really nice to study! Is it up to date for the exam of 2020?
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ahaha :)
Be careful about the ELSA slides!! Most of them have mistakes in them! A few years ago people also used those slides and failed, so be cautious
Hey everyone, I was wondering about the importance of Cali Module, as it only serves as a revision of what was assigned to us, the readings, and does it really take 2 hours to complete? Thanks in advance and best of luck to everyone for the upcoming exam.
i'm so confused so in the cali module it says that the legis actiones procedure during the republic was where the parties would use a formula and the praetor would recite the formula but i thought the legis actiones was done by the priests in the kingdom and early republic and that the praetors led the procedure per formulam?
I could be wrong about what they’re trying to say, but the way I’d interpret this is that they’re kind of relating the two procedures: the procedure legis actionem and procedure per formulam were very similar, with one major difference being the ways in which they were implemented (i.e., oral recitation by priests in legis actionem during kingdom period replaced by praetorian involvement during early republic). Perhaps they’re just relating the two? If someone knows differently, though, please comment for both our benefits.
In archaic times, the legis actionem procedure was the only available procedure. The formulary procedure developed later and was then applied next to the old procedure. Which procedure was to be followed depended on the case. The legis actionem procedure eventually fell into disuse, later also the formulated procedure in favour of cognitio extraordinaria, but that was only in the empire.
Hello I'm not sure about my calculations if I have 3/4.5 at the assignments, does it mean that I need to get at least 2,5/5,5 at the examen (20/30) ? Thank you
That’s true, but 20/30 gives you 5.5 from the exam
what happened in 295 ad that led to the beginning of the post-classical period?
Hello, It is the death of Herennius Modestinus which was the commander of the praetorian cohort. After that, praetor started at the end of the 3Th century to loose their power which was shifting to the Emperors (end of the Principate). (It was bad time for Rome, and Diocletian had started many reforms, shaping Roman in a different way, it was less favorable environment for jurisprudence, so it was the end of the classical period, the "golden age of Roman law".
Wait, wasn't 295 the publication of the Codex Hermogenianus?
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super helpful thanks!!
Where did you found the answer to the first part of Q3
German Civil Code
Hey guys about Q4, which sources did you use about Thibaut. There is literally nothing about him. Kinda stuck. Thank you in advance. :-)
Unfortunately, you have to use your own source. Just search “Thibaut codification” in JSTOR and it should bring up some articles for you to use.
btw they do not ask for his background, although you can find some information about him in the cali module, but also mainly on the internet, try with his full name (Anton Friedrich Thibaut), you will more information & more easily.
Hey what it meant by "describe the main tenets of the 1814academic debate"? Thank you in advance.
Hello, I guess you must write about the two protagonists and the position of each of them in this debate.
Hello Everyone, could someone expalin the difference between error in corpore (Mistake in identity of particular object) <> error in pretio? :)
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error in pretio is error in price of the object
You can find it on Page 42 of the Introduction to Europpean Legal History Reader (The Reader Everyone had to buy)
Hey, about who is the question 4? I assume that the scholar from the alma mater is Savigny, but I cannot find with who he had an academic debate with?
Hello, Check the last Cali module, it's Thibaut.
thank you :)
Hi all, for question 2 where did you guys begin with to explain the path to adoption on the civil code? i'm unsure on how far to go back given it's only 2 marks and you'll have to talk about the academic debate in question 4. Thanks!
I have started from the Congress of Vienna until the codification. As the congress of Vienna, induced this desire for rapid German codification.
Hi guys could you tell me where to look to find the answer to question 1 of the assignment 3 thanks
Reader beginning near pg. 41 talks about different types of errors
hello, you all agree that for Q1 it is an error in corpore, leading to an invalid contract? thank you
I think so but not sure
Yes, that's what I've written
For question 2 of the assignment, can I only base my answer on the lecture? I don't find enough information on Lesaffer, but then I will not quote anything...
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It's probably wrong, but that's how i dit it.. in the bibliography: Legal History Section (Maastricht University) 2013/2014 Legal History Section, Faculty of Law, Maastricht University; Module 4: Roman Law and Codification. CALI Author Copyright 1999-2012 Center for Computer-Assisted Legal Instruction, 2014 and in the footnotes: Legal History Section (Maastricht University) 2013/2014, Module 4, ‘The German Historical School’.
Hello, for this question I made online research + I used paragraphs 415 until 420 (pg 466-471 Lesaffer)
Hello, some people were wondering how the course should be studied, so I am sharing my "study plan" based on what my tutor said and how I think we should study. (I am not saying this is the right way, I wanna help people who need guidance). For each week, I will do as follow. 1. Watch the lectures (check the slides) + (taking notes of them, if not done during the lectures) 2. Draw (YOURSELF) a timeline for the week in the question of important dates and periods 3. Study the Cali module of the week in question 4. Answer Cali' questions, until I get 100% of right answers. 5. Read the page of Lesaffer for the week concerned 6. Study my summaries of those Lesaffer's pages. 7. Check the first exam of the previous year. I will operate as described for each week, with that I am aiming to pass the course, I think in order to get an 8/9 or more, it is not sufficient at all. (of course if you failed the assignment you won't pass so easily) Good luck everyone
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but your advice is, of course, great, whish I followed it from week 1.
Yeah but I did Friday+Saturday = week 1, Sunday and Monday for week 2, then Tuesday and Wednesday for week 3, which still let me Thursday to review everything : ) you can do it! & the assignment almost count for half of the exam so!
where can you search for the type of contract in Berlin in 1910?
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Good point. But §433 BGB has always been about a contract of sale. You can check that on lexetius.com/BGB/433,2
that's a great source, thanks!
What mistake in Roman law would/would not make the contract invalid in Q1 of this week's (week 3) assignment?
Does anyone know the answer to this question of the third assignment? Or at least where to look for it - What contract did Dümmler and von Anhalt-Bernburg-Schaumburg-Hoym aimed to conclude, according to your twentieth-century legal studies in Berlin?
i had the same question. i was thinking maybe a contract for sale and then the roman version would be emptio-venditio but i wasn't sure
contract of sale and emptio-venditio
Is it necessary to memorise every page of the Feenstra and Lesaffer? I would be also very grateful if anyone can point out the most important bits and what to focus on. Thanks in advance.
No no I don't think you need to memorize all of it:) Try to focus on the basis, like the types of contractus, the principles like pacta sunt servanda (know what it is and maybe a bit of its evolution), and for the last week just study the different types of errors and that's it, no need to know all the texts. Also, the course coordinator said they might give you a little situation and you have to choose what principle to use, like we did in Tutorial 2
what is the difference betwen the institutional system and the geometric system?
Institutional system: division of law into 3: law of persons, of things and of actions. Geometric (scientific method): taking the accepted truths as premises, then figuring out the conclusions entailed in those premises, finally legal consequences.
Do u guys think that cali modules are kind of a summary of the course book with important points?
Cali modules are important because they contain additional information that you won't find in other study materials. However it is not enough to study only Cali modules as many relevant information are missing in it (I asked to the course coordinator yesterday).
How do you know about the grades for assignments? only after the exam??
yup
Hey guys! What is the main source you study for the exam? Do you think it is enough if you focus mainly on the Cali Modules? Curious to know how you study :)
You should do past exams. The questions are mostly the same every year.
Do you know what name the contract in question 2 would receive in 1366 and which source do you use?
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feenstra page 19
I don´t get why it would be pacta vestita. Why would it be a pacta if it was already recognized as a contractus? If societas was not recognized in the Middle Ages, would it then not be just a consensual contract?
"You must define the contract and provide the name it would receive in 1366 and in the classical Roman law period". During the 14 century is was called pacta vestita and in the classical Roman law period Societas?
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But I don't see it on Feenstra...
look page 19
Did the roman scholars accept the principle of pasta sunt servanda? Where is it written? It is very confusing to find the passage. Thank you in advance
they didn't. read Lesaffer paragraph 229
and feenstra
how to properly do footnotes if your source is a website?
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If they don’t refer to any sources, I’d go like “University of Perugia [or its Italian name]; This page on their website: https://bla.bla.it. Downloaded on 18 Jan 2020”
It’s improvised though. Just as an idea.
As I understand scholars of roman law didnt immediately recognize the principle of pacta then after a few changements to adapt their own legal system they did recognize it? Is that right ? Thanks
do you guys know where q3 clausula is written? Can not find it anywhere? Thank you in advance
Hello, It is included in page 29, you find it under 8. "Clausula rebus sic stantibus" :)
Hello, . For question 4, "Finally, you need to explain if (and if so, how) scholars of Roman law at your time accepted that principle. ", do they refer to today's legal scholars or from the 14th century? Thank you ( I must be the second option, but i want to be sure)
14th century
Can you spoil me? did they recognize it? ty
Hey guys , what were the taught laws at the University of Perugia ? For question 1 THANKS
roman and canon law
How did you mention Cali Module in Bibliography?))
hey guys what was the main source that instructor used to teach Roman law in Perugia? can't see it nowhere
corpus iuris civilis
its somewhere between the lines in the paragraph about commentators
Hi! Where to find information to answer question 1 of Assignment? I looked at paragraph 214 of Lessaffer, there is nothing about Perugia.
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I think Cali module is made out of the book "intro to European legal history"
you may also find the university of Perugia's website useful
where to find the principles needed for the task 3 and 4 in the assignment 2?
feenstra
from what i understood, pacta sunt servanda was mostly present in canon law. it only became relevant in civil law when baldus created the pacta nudum and pacta vestitum right? the text isn't very clear on this
Check contract convenances: you will find the use of pacts servanda sunt in Roman law following customary law
Is there a difference between "consensus" and "conventio"? Both is translated with "meeting of minds".
conventio are feudal contracts
True, but I don't mean the feudal contracts. Roman law also knew some 'conventio'. The text by Feenstra & Ashmann reads: "The concurrence of will was referred to as ‘conventio’ (Digest 2,14,1, text no. 1)", and further down mentions "the distinction in Roman law between ‘contractus’ and ‘conventio’".
where is it possible to find the names for contracts in the medieval ages?
they used same types like in antiquity
for the assignment, is question 3 clausula and question four pacta sunt servanda ?
yes
In the assignment, question 2, the contract is servitas, right? Did anybody find how was it called in 1366?
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but societas was already recognized right? so why would it be pactum vestitum?
@Milica Mijajlovic where in the reader can you find the pactum vestitum?
Hi guys what is the « reader » and where can i find it ?
Can somebody tell us where to find information about the principles for questions 3 and 4?
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check in feenstra
Anonymous controller, I already did, but will do it again. The problem that I have is with the period of time of pacta sunt servanda and another principle, do they match with the period of time indicated on the assignment, you know....
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