Glossators

Judge of Appeal Hefer (Hefer JA) made the following comments (at 216I – 217H): “From the time of the Glossators the jurists were never in agreement on the effect of an error of law and after the reception of the Roman law in Western Europe two very distinct schools of thought developed. On the one hand there were writers like Cujacius[B1] , Donellus[B2] , Noodt [B3] and Johannes Voet [B4] who were of the opinion that the payment of an indebitum made in errorem juris was as a rule not recoverable. But there were others who took the opposite view. Among these were Grotius[B5] , Vinnius, Huber[B6] , Van Leeuwen [B7] and Van der Keessel[B8] . (I mention only a few of the better-known writers; each side had many other supporters, not only in Holland and the other Dutch provinces, but also in France and Germany. In France, for example, Pothier [B9] and D’Aguesseau entered the arena and in Germany Carpzovius, Muhlenbrüch, Brunnemann and Leyser (and later Glück, Von Savigny and Windscheid.)” [B1]French humanist; influenced French legal system [B2]Dutch professor, contributed to spread of Roman law in Netherlands. Rejected canon law [B3]Dutch humanist. Successors to old French humanist school. Exclusive Romanist [B4]Dutch humanist. Wrote on roman law from humanist perspective and focused on existing law. Commented on Roman law: Commentarius ad Pandectas. [B5]17th cent. Roman-Dutch writer. Made commentaries on R-D law: the Inleidinge of Grotius. Wrote on aspects of R-D private, public and procedural law: De Iure Belli ac Pacis, [B6]Dutch humanist. Wrote on roman law from humanist perspective and focused on existing law. [B7]Made commentaries on R-D law: Het Roomsch-Hollandsch Recht. [B8]18th cent. Roman-Dutch evaluator. [B9]French national jurist. Influenced French legal system. Major work was treatise of law of obligations.