Nexum Transaction in Roman Law
From ancient sources, the nexum transaction was commonly used in the archaic period of Roman law. This nexum transaction has been used extensively for centuries; however, we do not have any primary sources on what nexum was and how it was made. There was also no consensus on this issue among Roman w...
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| Language: | English |
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Istanbul University Press
2022-04-01
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| Series: | İstanbul Hukuk Mecmuası |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/2336CA0088CC4966BEE58EFB2D8EFAB6 |
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| author | Mehmet Mert Özyıldırım |
| author_facet | Mehmet Mert Özyıldırım |
| author_sort | Mehmet Mert Özyıldırım |
| collection | DOAJ |
| description | From ancient sources, the nexum transaction was commonly used in the archaic period of Roman law. This nexum transaction has been used extensively for centuries; however, we do not have any primary sources on what nexum was and how it was made. There was also no consensus on this issue among Roman writers who lived centuries after the transaction had taken place. The only certain thing that we know about nexum is that people who entered debt because of this transaction were subjected to pain and abuse. These exploits that continued for many years caused a great plebeian revolt in the 4th century BC and nexum lost all its importance in practice after the law called Lex Poetelia Papiria that was enacted as a result of this debt bondage. Disagreements and contradictions among historical sources have caused various theories to be put forward on nexum in the modern Roman law doctrine. Two important theories were propounded by Huschke and Mitteis about nexum transactions. Therefore, the primary purpose of this study is to reach a possible synthesis by focusing on the significant aspects of the different views propounded about nexum, which has been discussed in Roman law doctrine for nearly 150 years. Thus, both the historical sources and the principal contemporary views were examined in detail in this study. |
| format | Article |
| id | doaj-art-4987bafe695e4e20abb386071239ff40 |
| institution | Kabale University |
| issn | 2667-6974 |
| language | English |
| publishDate | 2022-04-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | İstanbul Hukuk Mecmuası |
| spelling | doaj-art-4987bafe695e4e20abb386071239ff402025-08-20T03:53:18ZengIstanbul University Pressİstanbul Hukuk Mecmuası2667-69742022-04-0180117721110.26650/mecmua.2022.80.1.0006123456Nexum Transaction in Roman LawMehmet Mert Özyıldırım0https://orcid.org/0000-0001-7663-6599Hacettepe Üniversitesi, Ankara, TurkiyeFrom ancient sources, the nexum transaction was commonly used in the archaic period of Roman law. This nexum transaction has been used extensively for centuries; however, we do not have any primary sources on what nexum was and how it was made. There was also no consensus on this issue among Roman writers who lived centuries after the transaction had taken place. The only certain thing that we know about nexum is that people who entered debt because of this transaction were subjected to pain and abuse. These exploits that continued for many years caused a great plebeian revolt in the 4th century BC and nexum lost all its importance in practice after the law called Lex Poetelia Papiria that was enacted as a result of this debt bondage. Disagreements and contradictions among historical sources have caused various theories to be put forward on nexum in the modern Roman law doctrine. Two important theories were propounded by Huschke and Mitteis about nexum transactions. Therefore, the primary purpose of this study is to reach a possible synthesis by focusing on the significant aspects of the different views propounded about nexum, which has been discussed in Roman law doctrine for nearly 150 years. Thus, both the historical sources and the principal contemporary views were examined in detail in this study.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/2336CA0088CC4966BEE58EFB2D8EFAB6nexumper aes et libramlex poetelia papiriaexecution without judgmentdebt bondageformal loan contract |
| spellingShingle | Mehmet Mert Özyıldırım Nexum Transaction in Roman Law İstanbul Hukuk Mecmuası nexum per aes et libram lex poetelia papiria execution without judgment debt bondage formal loan contract |
| title | Nexum Transaction in Roman Law |
| title_full | Nexum Transaction in Roman Law |
| title_fullStr | Nexum Transaction in Roman Law |
| title_full_unstemmed | Nexum Transaction in Roman Law |
| title_short | Nexum Transaction in Roman Law |
| title_sort | nexum transaction in roman law |
| topic | nexum per aes et libram lex poetelia papiria execution without judgment debt bondage formal loan contract |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/2336CA0088CC4966BEE58EFB2D8EFAB6 |
| work_keys_str_mv | AT mehmetmertozyıldırım nexumtransactioninromanlaw |