pandectist

adj 2noun 2

Definitions

adj

1

Pertaining to the Pandects compiled under the Roman emperor Justinian I.

First, the absolutist concept of ownership, which was advocated by pandectist philosophers, but which has been challenged as being an ahistorical assertion of the nature of ownership under Roman-Dutch law," and second, the feudal notions of property relations which underpin English land law.

It is due to the pervasive influence of pandectist scholarship that the concept of ownership is generally described and understood as 'absolute' in nature.

2

Pertaining to the German adaptation of Roman law in the early sixteenth century.

In this way, the prestigious German pandectist science greatly influenced not only continental systems, but also English law and indirectly even American law.

Thinking in pandectist categories has become so matter-of-fact that in everyday legal practice, for example, the analogous application to unilateral legal transactions (einseitige Rechtsgeschäfte) of the provisions on the conclusion of contracts is no longer considered an issue

noun

1

An expert on the Pandects compiled under the Roman emperor Justinian I.

Many of the pandectists, however, do not mention the ammus negotia aliena gerendi among the requirements of negotiorum gestio;

The legal principles deduced from the textual material of the CIC by such leading pandectists as Georg Friedrich Puchta (1798–1846) and Bernhard Windscheid (1817–1892) were sometimes used as legal norms in courts of law.

2

A proponent or developer of a complete code of laws of a country, especially of the German pandestic law.

The scheme the pandectists sought was a scheme dominated by certain legal ideals and principles.

No doubt the Roman law of the post-classical period, and English law from and after the career of Pollock, have tended to become more self-conscious and theoretical in character, but Roman law never reached a state at all comparable to that reached by the pandectists of the nineteenth century, nor has English law yet reached it, if it ever will.

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