1999 Fiscal Year Final Research Report Summary
History of the Exegeses to the Digest (Book 1, 2 : Lease and Hire) of Justinian -on the Scholia of Basilics and the Works of Romanists-
| Project/Area Number |
10620008
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Kobe University |
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Principal Investigator |
TAKIZAWA Eiji Kobe University, Faculty of Law, Professor, 法学部, 教授 (10183451)
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| Co-Investigator(Kenkyū-buntansha) |
TOBISE Akihiro Tezukayama University, Faculty of Law and Policy, Associate Professor, 法政策学部, 助教授 (20227606)
TANAKA Minoru Kobe University, Faculty of Law, Associate Professor, 法学部, 助教授 (60217081)
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| Project Period (FY) |
1998 – 1999
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| Keywords | the Digest of Justinian / Byzantine Jurisprudence / Roman law in the Middle Age / Humanistic Jurisprudence / Roman contract of lease and hire |
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| Research Abstract |
This research is an attempt to find out what Byzantine lawyers, Glossators and humanistic jurisprudence thought about the roman contract, "locatio conductio". The results which our research has obtained during this project for two years are following :
1.Commentary in the Basilica to the texts of the Digest Book 19 tit.2 ("old scholia") It is clear from explanations and references of Greek authors that their understanding of texts is not so often imperfect. We find some ingenious minds at their work.
2.We used the commentary in the 'Glossa oridinaria", reading the texts of Digest. We found no any new aspects of the methods of the medieval jurists of western Europe.
3.The main work at the period of Humanistic Jurisprudence we used in this research is "Commentarii de Iure Civili" of Hugo Donellus. his division of "locatio conductio" into two types, "locatio conductio rerum" and "locatio conductio factorum" is systematic. We have translated the texts of lib.13.cap.6-9.into Japanese. In the next research we will clear the contras between the systematizer of Roman law, Hugo Donellus and the juristic ingenuity, Jacobus Cujacius about the subject of "locatio conductio".
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