EAN: 9783465043904

REPRESENTATION AND OSTENSIBLE AUTHORITY IN MEDI...

When is it possible to hold valid an act done unlawfully? To answer the question  medieval
civil lawyers focused mainly on the case of a slave elected praetor in the mistaken belief that
he was a Roman citizen. Most jurists argued that the validity of an act should depend on the
validity of its source. But whilst early civil lawyers thought that the source was the person
vested with some specific powers (such as the judge  the notary  etc.)  later on they began to
think of the person as representative of an office  and to ascribe the acts directly to the
office itself. This evolution - and so  the foundations of the concept of ostensible authority
- was due to the influence of canon lawyers  who had to deal with a similar problem: what if a
bishop was secretly heretical?

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