Roman women – priestesses, patrician women, mysterious guardians of the sacred flame of goddess Vesta, admired and respected, sometimes blamed for misfortune of the Eternal City. Vestals identified with the eternity of Rome, the priestesses having a specific, unavailable to other women power. That power gained at the moment of a ritual capture (captio) and responsibilities and privileges resulted from it are the subject matter of this paper. The special attention is paid to the importance of Vestals for Rome and Romans in various historic moments, and to the purifying rituals performed by Vestals on behalf of the Roman state’s fortune. The study presents probable dating and possible causes of the end of the College of the Vestals in Rome.
CIVIS ROMANUS SUM. THE ROMAN PUBLIC LAW – SELECTED ISSUES The present book Civis Romanus sum. The Roman public law – selected issues has been planned as a scientific support for students of Administration at the Faculty of Law and Administration of Jagiellonian University, for auditors of lectures: The Roman administrative practice and The Roman system and administration in a comparative context. The book is a set of essays concerning issues of Roman public law. Some aspects of the Roman public law and subject matters to which a Roman citizenship (civitas Romana) is a common denominator, have been raised herein. The concept of citizenship itself and its importance to Romans and strangers and also the content of rights included in it are extraordinarily interesting and very complex issues. They have been a subject of many scientific works: monographs, articles and handbooks of the Roman public law. This publication is not a handbook in principle and therefore, having freedom (to some extent) of choosing issues to be analysed, I decided to select these which concern the purchase and loss of Roman citizenship, rights entitled to citizens pursuant to the private and public law and a way of realisation of one of these rights – the right to stand for office (ius honorum). Discussing the latter issue required a presentation of process of creating the structure of Roman offices in a period of Republic and either the basis of rules concerning holding offices and indication of competences of particular magistratus. Thus, as Cicero wrote “the office is the power” (Cic. de leg. 3.1.2: For as the law is set over the magistrate, even so are the magistrates set over the people) – holding an office was incredibly prestigious in Rome. It is worth paying the attention to pre-election campaign, looking at a candidate’s profile, discussing the challenges which a candidate had to rise to and indicating which pre- -electoral candidate’s activity was considered to be advantageous or condemnable at the end of the Republic.
THE CASE OF THE GOLDEN TRIPOD AND THE SUBJECT OF SALE IN THE CONTRACT OF ‘EMPTIO SPEI’Summary The article analyzes the question of the subject of sale in the contract of emptio spei. The starting point for this study is the source document by Valerius Maximus, describing the case of finding a golden tripod by fishermen, who before sailing out sold the result of their work to Miletus merchants. After the return of the fishermen a dispute arose over whom the find should be awarded to: the sellers or the buyers. The solution to this particular case depends on the accepted position on the subject of sale in the contract called the sale of hope. Literature of the subject presents four views on the matter. According to the first one, the subject of sale in the contract of emptio spei is hope itself. However according to the second view it is the item, the subject that will appear in the future. The third among the presented views proclaims that the subject of sale in the contract of emptio spei is alternatively: hope of obtaining the item or the item itself, depending on the achieved result. The fourth view, in which the consensual contract calls for receiving a subject nonexistent in the moment of sale, should not be qualified as the contract of purchase-sale. The article presents advantages ad disadvantages arising from accepting each of these views. Considering all of the mentioned views on the subject the author regards the second opinion, according to which the contract of emptio spei is always res future as the best. Accepting this opinion allows to evaluate the time of perfectio of sale, allows naming the subject of obligation of the seller as well as the range of liability of the parties arising from the title of failure to perform or improper performance of the contract.
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