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The Creation of the Ius CommuneFrom Casus to Regula$
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John W. Cairns and Paul J. du Plessis

Print publication date: 2010

Print ISBN-13: 9780748638970

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748638970.001.0001

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The Roman Concept of Ownership and the Medieval Doctrine of Dominium Utile

The Roman Concept of Ownership and the Medieval Doctrine of Dominium Utile

Chapter:
(p.127) 5 The Roman Concept of Ownership and the Medieval Doctrine of Dominium Utile
Source:
The Creation of the Ius Commune
Author(s):

Thomas Rüfner

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748638970.003.0015

This chapter analyses Bartolus de Saxoferrato's definition of ownership in context, showing the anachronism of many modern interpretations of it. It argues that, properly understood, Bartolus' definition is perfectly compatible with feudal realities and the medieval concept of dominium utile. It concludes that the path of medieval scholarship was from regula to casus.

Keywords:   Bartolus de Saxoferrato, ownership, anachronism, dominium utile, medieval scholarship, regula, casus

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