WIRBEL (Charles) – THE COGNITOR
WIRBEL (Charles) – THE COGNITOR
    WIRBEL (Charles)
    THE COGNITOR
Édition :
    Paris
Date :
    1911
    octavo, paperback, (faded cover), clean interior, XV-228 p.
    "The doctrine of cognition, which has been the subject of much discussion in German literature—see, for example, the works of Eisele and Wlassak—is examined in detail from all angles in this book. The author, a student of Girard and Senn, possesses not only a precise knowledge of the sources but also a remarkable familiarity with the French and German literature on trials. This is evident in the introduction, as well as in the explanations within the text and the numerous details recorded in the notes, which are more or less directly related to the work. In the first three chapters, the author endeavors to describe the evolution of the institution of cognition during the period of the legal scholars, which he intends to situate as its origin, then during the rise of the formulary procedure, and finally at the end of the Republic and in the first century of the Empire. The most important explanations concerning the dogmatics of cognition are given in the fourth chapter." The datio cognitoris, the effect of cognition on the position of the adversary and the dominus, as well as the relationship between cognition and dominus, are addressed exhaustively in all respects. Following Wlassak, the author explains the distinction between the two formulas transmitted by Gaius, Inst. IV, 83 (quod peto and quod agere volo) by the different moments in the dispute between the parties at which a cognitior could be designated. However, he departs from Wlasak insofar as, in one case (quod ego tecum, agere volo), he refers to the designation during the extrajudicial filing of the complaint (now quite generally accepted) and before the summons to appear before the praetor, and the other formula (quod ego a te fvmdum peto) relates to the designation of the cognitor in iure, that is, not precisely during the act of litis contestation, but even before it. » (Leopold Wenger, Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, vol. 32, p. 483 et seq.).

Référence : 53234

70,00 €

Mots-clés : Ancient Law - History of Law

New acquisitions

1 25
View all