Hylkje de Jong
Biographic Data
| ID | 9309985 |
|---|---|
| NAME | Hylkje de Jong |
| GIVEN NAMES | Hylkje |
| FAMILY NAME | de Jong |
| SIGNATURE | DE JONG H |
| AFFILIATIONS | 1Afdeling Rechtstheorie en Rechtsgeschiedenis, Faculteit der Rechtsgeleerdheid, Vrije Universiteit Amsterdam, Boelelaan 1105, 1081 HV Amsterdam, Nederland [email protected] |
| ORCID | 0000-0003-2569-8671 |
| VERIFIED | Yes |
| TOTAL WORKS | 10 |
| TOTAL CITATIONS | 0 |
| WORKS AS AUTHOR | 10 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2010 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 0 |
A new fragment of the 15th century Frisian Excerpta Legum tradition
This article contains an edition, translation and commentary of an Old Frisian text which forms part of a larger complex which was discovered last year in the National Library of Austria. It concerns a small collection of so-called Excerpta Legum material, dating from the 15th century. This tradition arose in the modern province of Fryslân shortly after 1400. It showed a massive reception of Canon and Roman law into Frisian indigenous law. The fi…
Possessory Remedies in Late Medieval Frisian Law Texts
This contribution examines possessory protection in Frisian law texts from the late Middle Ages. These sources show that such protection was an old and fundamental principle. The jurists associated it with the possessory remedies of learned law, i.e., the Roman law interdicts and the canon law actio spolii . In the fifteenth century a certain preference for the latter remedy emerged. There is no trace of French remedies, such as maintenue and com…
Le vir bonus en droit romain, written by Elena Giannozzi
Network analysis in legal history
This article focuses on the references (allegations) made by the lawyers in a selected number of cases to Roman and customary law as well as to court decisions when arguing their case. The analysis focuses on three similar civil litigation records from the Court of Friesland from 1716, 1718 and 1720. Network analysis was used to examine whether certain sources were more dominant (i.e. more central) in the network than others and to explore the re…
Die actio quasi Publiciana im byzantinischen Recht
Die actio quasi Publiciana im byzantinischen Recht . In literature, D. 17,1,57 has been extensively discussed. In this fragment the former owner could reclaim his property by using the actio Publiciana, notwithstanding that the defendants had in good faith acquired ownership by acquisitive prescription (usucapio). The actio Publiciana in D. 17,1,57 should be interpreted as a special form of the actio Publiciana, which was normally given to a poss…
The benefit to Romanists of using the Basilica
In Roman and Byzantine legal literature there has been much debate about the payment ( merces /μισθός) claimed by the mandatory in D. 17,1,26,8 (B. 14,1,26,8). The reason was the requirement of gratuitousness of mandatum , which made that this case should in principle be classified as a locatio conductio /μίσθωσις. To explain the presence of merces in Roman law literature several suggestions were made: interpolation, remuneration, the existence o…
‘Frisii cur dicant opbinden?’ – Dierschade in de Friese Landsordonnantie
In case someone else’s cattle damaged a field, in the law of the province of Friesland as in the Republic of the United Netherlands, art. 2,3,3 of the general provincial statute (the ‘Landsordonnantie’, L.O.) overrides the Roman rule of D. 9,2,39,1. Art. 2,3,3 L.O. (both of 1602 and 1723) allows those who suffer damage to retain ( opbinden ) this cattle until their owner has compensated the caused damage, contrary to Roman law which forbids inclu…
Byzantine and the Medieval West Roman tradition
The term consumpta pecunia , money used, in D. 12,1 is interpreted differently in the legal tradition of East and West, when it came to explain why a condictio was granted to recover money, lent by an unauthorised person. In Byzantine law, the sixth-century antecessor Stephanus interprets this condictio as an enrichment action, namely ὁ ἀπὸ καλοῦ δαπανήματος κονδικτίκιος ( condictio de bene depensis ). For Stephanus money, once used, causes owner…
A Byzantine interpretation of D. 12,1,32 and similar Digest fragments
In the middle of the 6th century A.D. the antecessor Stephanus taught the codification of Emperor Justinian, explaining the Latin text of the Digest in Greek. In particular, he discussed the condictiones from D. 12,1. Stephanus introduced a specific name for the condictio from D. 12,1,32, namely ó κονδικτικιος απο καλον και δικαιον (condictio ex bono et aequo). This name refers to the facts of the casus. Only the plaintiff as former owner can app…
Stephanus on the condictio de bene depensis (ο απο καλου δαπανηματος κονδικτικιος)
In the middle of the 6th century A.D. the antecessor Stephanus taught the codification of Emperor Justinian, explaining the Latin text of the Digest in Greek. In particular, he discussed the condictiones from D. 12,1 in detail. From fragment 11,2 it would appear that Stephanus introduced a specific name for the condictio , namely ο απο καλου δαπανηματος κονδικτικιος. This name refers to the facts of the casus . Only when ο δανειακος κονδικτικιος …
No prominent works on this page.
Stephanus on the condictio de bene depensis (ο απο καλου δαπανηματος κονδικτικιος)
In the middle of the 6th century A.D. the antecessor Stephanus taught the codification of Emperor Justinian, explaining the Latin text of the Digest in Greek. In particular, he discussed the condictiones from D. 12,1 in detail. From fragment 11,2 it would appear that Stephanus introduced a specific name for the condictio , namely ο απο καλου δαπανηματος κονδικτικιος. This name refers to the facts of the casus . Only when ο δανειακος κονδικτικιος …
A Byzantine interpretation of D. 12,1,32 and similar Digest fragments
In the middle of the 6th century A.D. the antecessor Stephanus taught the codification of Emperor Justinian, explaining the Latin text of the Digest in Greek. In particular, he discussed the condictiones from D. 12,1. Stephanus introduced a specific name for the condictio from D. 12,1,32, namely ó κονδικτικιος απο καλον και δικαιον (condictio ex bono et aequo). This name refers to the facts of the casus. Only the plaintiff as former owner can app…
Byzantine and the Medieval West Roman tradition
The term consumpta pecunia , money used, in D. 12,1 is interpreted differently in the legal tradition of East and West, when it came to explain why a condictio was granted to recover money, lent by an unauthorised person. In Byzantine law, the sixth-century antecessor Stephanus interprets this condictio as an enrichment action, namely ὁ ἀπὸ καλοῦ δαπανήματος κονδικτίκιος ( condictio de bene depensis ). For Stephanus money, once used, causes owner…
‘Frisii cur dicant opbinden?’ – Dierschade in de Friese Landsordonnantie
In case someone else’s cattle damaged a field, in the law of the province of Friesland as in the Republic of the United Netherlands, art. 2,3,3 of the general provincial statute (the ‘Landsordonnantie’, L.O.) overrides the Roman rule of D. 9,2,39,1. Art. 2,3,3 L.O. (both of 1602 and 1723) allows those who suffer damage to retain ( opbinden ) this cattle until their owner has compensated the caused damage, contrary to Roman law which forbids inclu…
The benefit to Romanists of using the Basilica
In Roman and Byzantine legal literature there has been much debate about the payment ( merces /μισθός) claimed by the mandatory in D. 17,1,26,8 (B. 14,1,26,8). The reason was the requirement of gratuitousness of mandatum , which made that this case should in principle be classified as a locatio conductio /μίσθωσις. To explain the presence of merces in Roman law literature several suggestions were made: interpolation, remuneration, the existence o…
Die actio quasi Publiciana im byzantinischen Recht
Die actio quasi Publiciana im byzantinischen Recht . In literature, D. 17,1,57 has been extensively discussed. In this fragment the former owner could reclaim his property by using the actio Publiciana, notwithstanding that the defendants had in good faith acquired ownership by acquisitive prescription (usucapio). The actio Publiciana in D. 17,1,57 should be interpreted as a special form of the actio Publiciana, which was normally given to a poss…
Le vir bonus en droit romain, written by Elena Giannozzi
Network analysis in legal history
This article focuses on the references (allegations) made by the lawyers in a selected number of cases to Roman and customary law as well as to court decisions when arguing their case. The analysis focuses on three similar civil litigation records from the Court of Friesland from 1716, 1718 and 1720. Network analysis was used to examine whether certain sources were more dominant (i.e. more central) in the network than others and to explore the re…
Possessory Remedies in Late Medieval Frisian Law Texts
This contribution examines possessory protection in Frisian law texts from the late Middle Ages. These sources show that such protection was an old and fundamental principle. The jurists associated it with the possessory remedies of learned law, i.e., the Roman law interdicts and the canon law actio spolii . In the fifteenth century a certain preference for the latter remedy emerged. There is no trace of French remedies, such as maintenue and com…
A new fragment of the 15th century Frisian Excerpta Legum tradition
This article contains an edition, translation and commentary of an Old Frisian text which forms part of a larger complex which was discovered last year in the National Library of Austria. It concerns a small collection of so-called Excerpta Legum material, dating from the 15th century. This tradition arose in the modern province of Fryslân shortly after 1400. It showed a massive reception of Canon and Roman law into Frisian indigenous law. The fi…
History (6 works) · Law (6 works) · Political science (6 works) · Philosophy (5 works) · Linguistics (4 works) · Art (3 works) · Byzantine Studies and History (3 works) · Classical Antiquity Studies (3 works) · Classical Studies and Legal History (3 works) · Interpretation (philosophy) (3 works)