SciELO - Scientific Electronic Library Online

 
vol.21 issue2Like a bad penny: The problem of chronic overcrowding in the prisons of colonial Natal: 1845 to 1910 (Part 2)Multilingualism in South African courts: The legislative regulation of language in the Cape during the nineteenth century author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Fundamina

On-line version ISSN 2411-7870
Print version ISSN 1021-545X

Abstract

VAN DEN BERGH, Rena. "He's one who minds the boss's business ...". Fundamina (Pretoria) [online]. 2015, vol.21, n.2, pp.359-371. ISSN 2411-7870.  http://dx.doi.org/10.17159/2411-7870/2015/v21n2a9.

This article deals mainly with the question why the Romans did not know agency and how they successfully managed to cope without it. Various relevant matters are discussed, such as the position of slaves and children in the paterfamilias's power, the praetorian actions that made commerce possible despite the lack of an institution such as agency, and the peculium. Although Roman law never really developed an institution of direct representation, it gradually adapted to the increasing commercial needs and approached recognition of agency in contracts. Factors that contributed to this, were firstly the considerable use of slaves and sons subject to power, and secondly the de facto agency exercised by institores and exercitores.

        · text in English     · English ( pdf )

 

Creative Commons License All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License