48-59 roman law

legacies were in Roman law:

an optional component of the last will

a mandatory component of the last will

an alternative form of a mortis causa disposition to a last will

The recognition of right to inherit by a child that has already been conceived when the succession is opened

was a specific idea of roman law

has its origins in Christianity

is a universal principle of law

The intestate succession in Rome

reflected the political organization of the society

reflected the understanding of family

focused on the transfer of assets between spouses.

the formal nature of a last will:

reflected the formalism of archaic Roman Law

has been rejected in modern codifications of civil law

In Rome were two sources of obligations, i.e. contracts and torts

yes

correct only for Justinian's law

The enforceability of agreement based in Rome on

specific form of agreement

specific form of agreement or element of content determined by law

consent between parties – only

the enforceability of a innominate contract resulted from

mutual nature of duties and the payment by one party

Formal nature of the promises

mutual nature of duties

the development of contract law in late Roman republic reflected:

political changes in Rome

changing the economic model

transfer of Greek legal institutions to Rome

new understanding of public moral

The agreement of exchange was in Roman law:

unenforceable agreement

the contract enforceable by law in result of the consent

the contract enforceable by law in result of the performance by one party

The origins of the principle of contractual freedom lie in:

doctrine of glossators

medieval practice of canon lawyers

modern doctrine of natural law

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