Roman law contract liability

Author: Ding Mei
Publisher:
Publish Date: 1998-10-01
Features: The book Contractual Liability in Roman Law is divided into three parts. In the first part, "General Principles and Standards of Liability for Contracts," the author systematically, objectively, and deeply analyzes the general principles of contractual liability in Roman law, the standards for classifying liability levels, the burden of proof, and the methods of liability and compensation under Roman law. In the second part, "Individual Standards of Liability," the author provides a detailed and convincing discussion on the various standards of liability that were successively applied during the long development of Roman law—such as "intent," "negligence," "care," "risk," "legal presumption of negligence," and the special forms of fault of contractual parties—such as delays, tracing their emergence and development as well as their respective relationships with the general principles of contractual liability. In the third part, "Excuses from Liability," the author conducts a historical analysis of the excuses from liability applicable during different periods of Roman law development, pointing out that excuses from liability are always linked to certain standards of liability. In summary, this monograph is the first work in China to be completed entirely based on original Roman legal documents. Many of the materials presented are seen in China for the first time. Although it is a study of ancient law, it still retains significant value and relevance for guiding modern practice. The viewpoints and insights in the book are novel and unique, with strong persuasive power, making it a work of high academic rigor and great reference value for contemporary contract legislation in China.