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Roman Law, Scots Law and Legal HistorySelected Essays$
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William Gordon

Print publication date: 2007

Print ISBN-13: 9780748625161

Published to Edinburgh Scholarship Online: September 2012

DOI: 10.3366/edinburgh/9780748625161.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 18 September 2021

The Interpretation of C 8.55.8☼

The Interpretation of C 8.55.8☼

Chapter:
(p.107) 9 The Interpretation of C 8.55.8
Source:
Roman Law, Scots Law and Legal History
Author(s):

William M Gordon

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748625161.003.0009

The original context of C. 8.55.8 is gifts of a patron to his freedmen which could be revoked if he subsequently had children. After the revival of Roman law in the Middle Ages the text was given both wider application, developing the idea it contains, and restrictive application to the original context. There is some correspondence with the general more restrictive approach to the texts, for example, by the Humanists, but even they recognise the wider application in practice.

Keywords:   Gifts, Revocation, Birth of children, Glossators, Commentators, Humanists, Legal practice

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