Abstract
It has often been observed that, but for the dedication, Justinian's Code contains little that can be understood as Christian, and Alan Watson has tried to explain severing of Roman private law from Roman religious law on historical grounds. This chapter approach this question from a comparative point of view by examining Roman, rabbinic and Sasanian regulation on three issues of commercial law; overreaching, buyer-protection, and land fraud, three areas in which rabbinic and Sasanian law are surprisingly similar, while Roman law, despite its acute awareness and avowal of justice, is governed by the rule of caveat emptor , and affords little protection to weaker party. Roman commercial law was outgrowth of a complex confluence of factors, not least of which was the existence of an unlegislated area of life, which would only slowly yield to the idea that it was for betterment of individual and society that it be regulated. Keywords: caveat emptor ; Justinian's Code; rabbinic; Roman; Sasanian regulation
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