CUSTODIAM PRAESTARE: CUSTODIA-LIABILITY OR LIABILITY FOR FAILING CUSTODIA? by G. C. J. J. VAN DEN BERGH (Nijmegen) 1.-If we accept that the ultimate aim of the study of history is to get a better understanding of our present existence, we cannot deny that sometimes history falls victim to the present. There are subjects in history as well as in history of law which, as a result of their relevance to actual problems of a political, ideological or dogmatic nature, are snowed under with books and articles, with theories, comments, opinions and prejudices to such a degree, that hardly anybody ventures to undertake the kind of reappraisal that every new genera- tion of historians has to make. One of those subjects in Roman law is custodia- liability, which in the last century became the battleground for the debate over the fundamentals of responsability: is it subjective or objective liability? Any- body who has tried to find his way through the entangled brushwood of learned comment can hardly take seriously the criticism passed on the two most recent monographs concerning the subjectl that is, that they bring little new. The industry of gen.rations of most learned scholars combined with the
The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit – Brill
Published: Jan 1, 1975
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