Prawo rzymskie w wybranych orzeczeniach Izby Lordów w latach 1999-2009
THE ROMAN LAW IN SELECTED JUDGMENTS OF THE HAUSE OF LORDS BETWEEN 1999 AND 2009
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The studies conducted so far proved that the House of Lords, executing judicial rights which have been granted till the end of September 2009, referred to the heritage of the Roman law many times. However, against a common opinion, the very practice was not only known in the past, but the low lords used Roman law in their judgments also recently. It is possible to find many references to Roman Law heritage in the judgments given by the Appellate Committee in the last decade. The role of the very practice is proven by the fact that a part of these judgments turned out to be precedents judgments which are currently regularly quoted in English textbooks of law. Such a role is especially played by the following judgments: the judgment from 15 July 1999 concerning Commissioners of Police for the Metropolis v. Reeves treating about the duty of care by the police, the judgment from 18 May 2000 concerning Foskett v. McKeown, which defined a mutual relation of the regulations on an unjustified enrichment and claims deriving from the law of property, the judgment from 20 June 2002 concerning Fairchild v. Glenhaven Funeral Services Ltd., the subject of which was a definition of the principles of employer’s liability for a long-term exposure of employees’ life, the judgment from 13 November 2003 concerning Regina v. City of Sunderland treating about the laws of the citizens of a given place to make use of the so called “town green area”, the judgment from 30 June 2005 concerning Mark v. Mark which had to define the reasons of the choice of the place of living (a domicle) with respect to an illegal stay of a given person in the United Kingdom, and the judgment from 17 October 2007 concerning Moncrieff v. Jameson regarding the servitude right of access.
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