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Journal articles on the topic 'Public land (Roman law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 27 July 2025

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1

Baade, Hans W. "Roman Law in the Water, Mineral and Public Land Law of the Southwestern United States." American Journal of Comparative Law 40, no. 4 (1992): 865. http://dx.doi.org/10.2307/840796.

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2

Taylor, Aaron. "PRESCRIPTIVE ACQUISITION OF RIGHTS OVER PUBLIC AUTHORITY LAND." Cambridge Law Journal 73, no. 3 (2014): 487–90. http://dx.doi.org/10.1017/s0008197314000944.

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THE “tripartite” test for the prescriptive acquisition of rights over land, derived from the Roman law of servitudes, has long been a source of confusion. The crucial distinction that underlies it is between use of land that is “as [if] of right” – nec vi, nec clam, nec precario (without force, stealth, or licence) – and use that is “by right” – that is, with a licence. This distinction has been affirmed by the Supreme Court in R. (Barkas) v North Yorkshire County Council & Another [2014] UKSC 31. The court held that use of land pursuant to a statutory entitlement is necessarily use “by ri

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Apsītis, Allars, Dace Tarasova, Jolanta Dinsberga, and Jānis Joksts. "Contract for Work (locatio conductio operis) of Transportation and Rustic Praedial Servitude of Way (servitus viae) as Roman Law Institutions for Needs of Rural Logistics." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 3, no. 21 (2021): 234–43. http://dx.doi.org/10.25143/socr.21.2021.3.234-243.

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The article deals with the results of the authors’ research performed on original sources of Roman Law with reference to legal constructions concerning various types of logistics challenges related to agricultural production and residence in rural areas. Provision of transportation services was regulated by means of a contract for work (locatio conductio operis) – an agreement according to which a contractor / employee as a lessee (conductor, redemptor operis) had obligations to fulfil services or certain work on or from the material supplied by the commissioning party / employer / lessor (loc

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Sukhanov, Evgeniy. "Problems of Property Law in Modern Russian Law." Journal of Russian Law 4, no. 4 (2016): 0. http://dx.doi.org/10.12737/18685.

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The article analyzes the progress and further prospects of development of the Russian civil legislation in terms of actual and appropriate improvement of the proprietary legal regulation. The author notes the historical prerequisites of and, substantiates the possible areas for, development of the Russian civil law in terms of traditions of the European private law which originates from the Roman law and the law of pandects; in this connection, the author substantiates the necessity for systemic development of the legislative regulation of limited proprietary rights. In line with the existing

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Novkirishka-Stoyanova, Malina. "Roman and Modern Emphyteusis." Yearbook of the Law Department 10, no. 11 (2021): 62–95. http://dx.doi.org/10.33919/yldnbu.21.10.2.

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The study examines a specific form of concession or lease of land associated with obligations to cultivate and ameliorate. It is divided into two parts – for the Roman and for the modern emphyteusis. In Part I they present the theories of the origin of emphyteusis in Roman law, as well as the characteristics of emphyteutic law (ius emphyteuticarium), which appears to be very specific (sui generis, iustertium) and different from the traditionally defined ius in rem and ius in personam. It is the result of the development of the Roman legal concept of public property and its management since the

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Sándor, István. "Res communes omnium a római jogban és annak továbbélése során." DÍKÉ 9, no. 1 (2025): 179–92. https://doi.org/10.15170/dike.2025.09.01.10.

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The purpose of this paper is to outline when and why the concept of res communes omnium appeared in ancient Roman law and its relevance today, especially in the jurisprudence and legal thinking of the United States of America. It is known from the Bible that the Garden of Eden was intended by God for Adam, Eve and their children. In the Golden Age, Ovid argued that people did not need rights, that the land provided enough food for everyone and that the land belonged to everyone. In Roman law, the category of res communes omnium is linked to the phenomenon that certain things are not under the

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Mitllari, Ledja Burnazi. "Adverse Possession Under the Albanian Civil Code: Retrospective and Legal Implications of the Present." Global Journal of Politics and Law Research 13, no. 3 (2025): 19–31. https://doi.org/10.37745/gjplr.2013/vol13n31931.

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This article examines the doctrine of adverse possession within the Albanian Civil Code, emphasizing its legal foundations, ethical implications, and socio-economic impact. Adverse possession rooted in the Roman usucapio offers a legal pathway for a possessor to claim ownership over immovable property after continuous, peaceful, and public occupation. While this doctrine reconciles the efficient use of land with respect for ownership rights, it raises pressing philosophical, legal, and moral questions, especially in post-socialist Albania, where property registration and land reform remain pro

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Petkov, V. P., and A. Yu Komar. "LAND OFFENSES: DISTINCTION BETWEEN CRIMINAL, ADMINISTRATIVE AND DISCIPLINARY LIABILITY." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2024, no. 1 (2024): 158–74. http://dx.doi.org/10.32755/sjcriminal.2024.01.158.

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The constitutional principles of a democratic and legal state guide the development of Ukraine in the direction of people’s rule and a legal state. Therefore, the subsystem of legal norms regulating homogeneous relations in the sphere of public and state maintenance of law and order acquires special importance for the materialization of formal and declarative norms about a democratic and legal state. Therefore, it is relevant to substantiate the need to separate the rules (norms) of public (public) order and disciplinary responsibility for their violation from the branches of administrative le

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Rodríguez-Antón, Andrea, Giulio Magli, and Antonio César González-García. "Between Land and Sky—A Study of the Orientation of Roman Centuriations in Italy." Sustainability 15, no. 4 (2023): 3388. http://dx.doi.org/10.3390/su15043388.

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The centuriations were public lands delimited and divided in regular lots by Rome as a result of the conquest but also the conceptual appropriation of new territories, which were transformed according to particular ideas of space. Despite previous works rejecting the astronomical hypothesis for the orientation of Roman centuriations, recent publications have supported the role of particular astronomical phenomena in the design of Roman land and urbanism in Italy. The aim of this work is to determine whether the orientation of the centuriations follows any pattern, and to determine the precepts

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Bocharova, Zoya. "A Man Endowed with a “Living Vision of Reality” (the Fate of V. B. Elyashevich)." ISTORIYA 13, no. 7 (117) (2022): 0. http://dx.doi.org/10.18254/s207987840022296-4.

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Based on archival and published materials, the article reconstructs the biography of V. B. Elyashevich as a scientist, teacher, public figure, philanthropist, and clarifies information about his place of birth. His main pedagogical activity was connected with the St. Petersburg Polytechnic Institute, which he combined, among other things, with teaching at St. Petersburg University (1911—1913) after defending his master&apos;s thesis and working in state bodies (1915—1917). During the Civil War, he emigrated. The sphere of scientific interests of the scientist concerned the problems of Roma

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Holcman, Borut, and Gernot Kocher. "Jurisdiction in the Territorial Hierarchical Administration Office: An Example of the Historical Land of Styria from 1186 to 1850." Lex localis - Journal of Local Self-Government 7, no. 4 (2009): 425–39. http://dx.doi.org/10.4335/7.4.425-439(2009).

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Division of administrative powers is the result of concrete decisions made by the supreme power holders (ius eminens) to be present in the daily life of an individual. Quarters, district offices (in Slovene: “kresije” [pl.]), counting offices, recruitment districts, and district boards were those agents of power that were used by the supreme power holder to ensure the common good through them. The holder‟s power originated from the supreme power holder. It was restricted by the degree at which he operated. According to the nature of things, the power was subordinated by the delegated competenc

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Nikulina, Viktoriya A. "Criminal law principles in the legends of ancient Rome." RUDN Journal of Law 26, no. 4 (2022): 921–37. http://dx.doi.org/10.22363/2313-2337-2022-26-4-921-937.

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The description of the history of early Rome (VIII-IV centuries BC) in the works of ancient authors is usually perceived as a mythological legend, which shifts the focus of scientific discussion to assessing the degree of reliability of the events being told. As a result, the normative-value and legal significance of ancient legends sufficient attention of researchers. The oral and therefore naturally plastic nature of archaic law creates additional difficulties for its modern study, in contrast to numerous and well-studied legislative texts. The author proposes to refer to modern types of leg

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Hermon, Ella. "Saskia T. Roselaar, Public Land in the Roman Republic. A Social and Economic History of Ager Publicus in Italy, 396-89 BC." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 129, no. 1 (2012): 805–16. http://dx.doi.org/10.7767/zrgra.2012.129.1.805.

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Sáry, Pál. "The legal protection of environment in ancient Rome." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 15, no. 29 (2020): 199–216. http://dx.doi.org/10.21029/jael.2020.29.199.

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The paper wants to give an overview of the moral and legal rules which protected the natural and built environment in ancient Rome. These rules prove that environment protection is not a modern invention. A bonus et diligens pater familias was morally obliged to cultivate his own agricultural land carefully. Both air and water pollution was legally sanctioned. A house-owner had to keep his own building in good condition. Each person was to keep the street outside his own house in repair and clean. Demolition of both private and public buildings was strictly restricted. It is true that in ancie

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15

Gürsel, Yaman. "Keeping up with the Times: The Transformation of the Publicity Regime with New Movable Property Security Rights and Developments in Blockchain Technology." European Property Law Journal 9, no. 2-3 (2020): 73–132. http://dx.doi.org/10.1515/eplj-2020-0004.

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AbstractFor a long time, the publicity regime over movable property has been associated with possession. Many modern legal systems still operate on Roman law principles concerning the validity of transactions: Whoever is in possession of a movable asset generates the legal presumption that he or she rightfully owns that asset. Immovable assets on the other hand are tied to a different concept due to the value and meaning ascribed to them. Whereas possession signals who has which rights to claim against whom, inscriptions made in a public registry (such as a land registry) determine the fate of

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Karyoto, Karyoto. "TANAH ASET PT. PANCA WIRA USAHA MILIK PERUSAHAAN DAERAH PROPINSI JAWA TIMUR DIDUDUKI MASYARAKAT." Jurnal Aktual Justice 3, no. 2 (2018): 173–88. http://dx.doi.org/10.47329/aktualjustice.v3i2.541.

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The origin of land asset PT Panca Wira Usaha owned by East Java Province company, obtained from former land of western rights, relics of Dutch company at the time of colonize in Indonesia. Dutch dominate the land through Verenigde Oost - Indische Compagnie (VOC). VOC is a Dutch-owned legal entity engaged in trade. Before VOC control land in Indonesia, the control of the land is still done by Kings in the territory of his power, as well as by the customary law community within its territory. When the VOC came to Indonesia around 1577 with the intention to trade and made the kingdom of Mat

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de Ligt, L. "Mancipes, pecunia, praedes and praedia in the epigraphic Lex agraria of 111 BC." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 75, no. 1 (2007): 3–16. http://dx.doi.org/10.1163/157181907781602818.

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AbstractThe aim of this article is to shed new light on the history of the Roman ager publicus in Africa as revealed by the epigraphic Lex agraria of 111 BC. According to some recent commentators, this law refers to the leasing out of state-owned land in Africa in return for an annual rent (pequnia) and also to the farming-out of the right to collect this revenue to private tax-farmers. Against this it is argued that throughout the African part of the Lex agraria the term pequnia refers to the price of formerly public land sold off by the state. It is also argued that the enigmatic expression

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Vovk, V., and L. Misinkevych. "Legal regulation of building in Ancient Rome in the coordinates of the value and meaning universe of quirite." Uzhhorod National University Herald. Series: Law, no. 67 (January 16, 2022): 15–20. http://dx.doi.org/10.24144/2307-3322.2021.67.2.

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The article reveals little-studied issues of the organic relationship between the worldview of the ancient Romans and the legal regulation of construction in Rome. Based on the philosophical, legal, cultural, historical intelligence of domestic and foreign scholars, the author offers his own vision of the problems of legal regulation of construction in ancient Rome and its legal regulation. The article focuses on the fact of the city as a cultural phenomenon that shapes its own inner world, its value-hierarchical system, has an original landscape and relevant features, which leads to the emerg

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Kovalev, Alexander. "The Church and its bishops in the Ostrogothic Italy: a study of the ownership relations." St. Tikhons' University Review, no. 118 (June 28, 2024): 9–26. http://dx.doi.org/10.15382/sturii2024118.9-26.

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This article is an attempt to address a range of problems related to the study of church property in Italy during the Ostrogothic domination (493–554). For a long time, these problems were on the periphery of scientific relevance and found their researchers only in the 20th century. This is largely due to the yet unresolved issues of our main source on the history of Ostrogothic Italy — Cassiodorus' «Variae». The lack of unanimity as to the time and place of its creation, intended audience, genre and overall representativeness of the material compels the researcher to resort to other sources,

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Tuzov, Daniil O. "Viam muniunto! On Imposing the Burden of Maintenance of Municipal Property (Adjacent Public Areas) on Private Individuals: Constitutional Aspects through the Eyes of a Civilist." Zakon 21, no. 12 (2024): 123–33. https://doi.org/10.37239/0869-4400-2024-21-12-123-133.

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Modern legal orders are well aware of the principle, originating in Roman law, according to which the owner bears the burden of maintenance of his property. However, even in ancient law there were exceptions to this principle: for example, the Laws of the XII Tables imposed on the owners of land adjacent to public roads the obligation to maintain the latter. Possible exceptions to this principle — in accordance with the law or contract — are also allowed by the Civil Code of the Russian Federation. Taking advantage of this possibility, legislative bodies of constituent entities of the Russian

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Ismi, Hayatul, and Ulfia Hasanah. "Legal Protection for Indigenous Kuala Mahato in Indigenous Land Utilization of Palm Oil Plantations." Revista de Gestão Social e Ambiental 17, no. 2 (2023): e03348. http://dx.doi.org/10.24857/rgsa.v17n2-011.

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Purpose: Rokan Hulu is one of the areas in the Province of Riau where the existence of customs is recognized by the community. Based on the explanation above, it is necessary to research the use of communal land for oil palm plantations in the village of North Mahato Tambusai in Rokan Hulu which is related to the legal protection of local indigenous peoples according to land law in Indonesia.  Method/design/approach: The type of research that will be used is sociological legal research, which is an empirical study that serves to find theories about the processes and processes of le

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Heo, Seungil. "Saskia T. Roselaar, Public Land in the Roman Republic. A Social and Economic History of Ager Publicus in Italy, 396-89 BC (= Oxford Studies in Roman Society and Law). Oxford University Press, Oxford 2010. IX, 360 S." Korean Historical Review 228 (December 31, 2015): 495. http://dx.doi.org/10.16912/tkhr.2015.12.228.495.

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23

Norton, Richard, and Nancy Welsh. "Reconciling Police Power Prerogatives, Public Trust Interests, and Private Property Rights Along Laurentian Great Lakes Shores." Michigan Journal of Environmental & Administrative Law, no. 8.2 (2019): 409. http://dx.doi.org/10.36640/mjeal.8.2.reconciling.

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The United States has a north coast along its ‘inland seas’—the Laurentian Great Lakes. The country enjoys more than 4,500 miles of Great Lakes coastal shoreline, almost as much as its ocean coastal shorelines combined, excluding Alaska. The Great Lakes states are experiencing continued shorefront development and redevelopment, and there are growing calls to better manage shorelands for enhanced resiliency in the face of global climate change. The problem is that the most pleasant, fragile, and dangerous places are in high demand among coastal property owners, such that coastal development oft

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Hamza, Gábor. "A jeles humanista gondolkodó és kodifikátor, Andrés Bello és a magánjogi (polgári jogi és kereskedelmi jogi) kodifikáció Chilében." DÍKÉ 5, no. 2 (2022): 15–23. http://dx.doi.org/10.15170/dike.2021.05.02.02.

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The author of this article analyzes the process of codificaton of private law (civil law and commercial law) in the light of the thought of Andrés Bello (1781–1865), the humanist thinker and expert of codification in Chile. The intellectual background of Andrés Bello, born in Venezuela, comprised history, philosophy, linguistics, literature, mainly poetry, education as well as law. It also deserves to be mentioned that Bello was the first rector of the State University of Chile founded in 1842. According to the idea of Andrés Bello Roman law (ius Romanum or ius civile) constituted the backgrou

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Hollis, Daniel W. "The Crown Lands and the Financial Dilemma in Stuart England." Albion 26, no. 3 (1994): 419–42. http://dx.doi.org/10.2307/4052601.

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One of the few remaining points of agreement among Stuart scholars is that the Crown's political difficulties, especially the conduct of foreign affairs and wars, stemmed in large part from inadequate revenues. The Crown's “ordinary income”—so named by scholars but not by law or tradition—was eroded in the early seventeenth century by inflation, royal extravagance, and increased demands upon government. The bulk of the ordinary income came from the Crown lands whose traditional structures and management were unable to compensate for inflation. B. P. Wolffe has shown that medieval monarchs had

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Bartmiński, Jerzy, and Stanisław Stępień. "Parafia w Krasiczynie jako ośrodek wsparcia dla opozycji demokratycznej i niezależnego ruchu chłopskiego oraz centrum pomocy społecznej w okresie stanu wojennego i po nim." Rocznik Przemyski. Literatura i Język 2 (25) (December 2021): 83–164. http://dx.doi.org/10.4467/24497363rplj.21.007.14630.

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[The Parish in Krasiczyn as a centre of support of democratic opposition and independent peasant movement and a centre of social assistance during martial law in Poland and thereafter] The aim of another publication in “Rocznik Przemyski”, which falls under the project of “oral history”, is to preserve for posterity significant events in the Przemyśl region which took place not so long ago, whose participants are still alive and have agreed to bear first-hand testimonies. This paper focuses on the role of the Roman Catholic St. Martin parish church in Krasiczyn during a crucial period in our h

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Boichuk, O. I. "Historical analysis of the formation and development of the principle of freedom of contract." Analytical and Comparative Jurisprudence, no. 4 (September 11, 2024): 101–6. http://dx.doi.org/10.24144/2788-6018.2024.04.16.

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The article provides an in-depth analysis of the principles of freedom of contract, which is a fundamental principle of civil law, from its historical origins to its current state and challenges. Beginning with Roman law, through medieval legal thought and codifications of the 19th century, the evolution of freedom of contract can be traced. Emphasis is placed on the works of prominent thinkers such as John Locke, Adam Smith, and Friedrich Hayek, who laid the foundations for understanding contractual autonomy and economic freedom. The implementation of directives and regulations, in particular

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Dyjakowska, Marzena. "‘SUPERFICIES’ – RZYMSKIE KORZENIE PRAWA ZABUDOWY." Zeszyty Prawnicze 15, no. 1 (2016): 5. http://dx.doi.org/10.21697/zp.2015.15.1.01.

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‘Superficies’: The Roman Origins Of The Right To Build Upon A Plot Of LandSummaryThe aim of this paper is to present the Roman origin of the right of superficies (the right to erect a building on a plot of land), which is thesubject of a bill drafted by the Polish Civil Law Codification Committee. This right is to replace the institution of perpetual usufruct, which has been extant in Polish civil law since the 1960s. Superficies has been present in many European systems of law (for example in the Bürgerliches Gesetzbuch German Civil Code of 1896, and the Austrian law of 1919). The author comp

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Mazeh, Hanan. "Gentile Land Ownership in the Land of Israel: The Palestinian Talmud in Light of Biblical Models and Roman Law." Jewish Quarterly Review 114, no. 2 (2024): 179–209. http://dx.doi.org/10.1353/jqr.2024.a929052.

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Abstract: This paper examines a key passage in the Palestinian Talmud (the Yerushalmi), on mGit 4.8, that presents a salient discussion about the halakhic meaning of gentile ownership of lands in the land of Israel. Two theoretical moves are evident within the amoraic effort to define it. The first is an innovative turn, achieved through a creative reading of Leviticus 25, that interprets Jubilee law as a model by which gentile possession of the Land is portrayed as a lamentable yet temporary form of partial ownership, similar to enslaved Jews in gentile hands, until returning to Jewish contro

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Baizakov, Adil Talgatovich, and Meirzhan Eginbaevich Saginaev. "TO THE QUESTION OF GOALS AND OBJECTIVES ROMAN PUBLIC LAW IN THE WRITINGS OF ANTONIO GUARINO." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 2, no. 77 (2022): 306–13. http://dx.doi.org/10.52026/2788-5291_2024_77_2_306.

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The article will consider the main goals and objectives of Roman public law, reflected in the works of the outstanding Italian lawyer - novelist Antonio Guarino. In his works on Roman jurisprudence, Professor Guarino studied not only Roman private law, but also the concept and content of Roman public law. And also, Professor Guarino in his writings pays special attention to the issue of limiting the powers of Roman magistrates who exercised executive and judicial power. Since the problems of Roman public law are poorly covered in modern legal science, the works of Professor Guarino become rele

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Kubiak, Przemysław, and Anna Pikulska-Radomska. "Quadruplum in Roman law. Selected Issues." Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius) 71, no. 3 (2024): 29–42. https://doi.org/10.17951/g.2024.71.3.29-42.

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The quadruplum penalty, present with varying frequency in the legal practice of the Roman state throughout its history, was adjudicated at various times in both public and private proceedings. It could have been a solely-imposed punishment or it could have been an additional fine for the offender. The symbolism of the punishment conveys a desire for revenge, retribution, exceptional severity. In a different mode it was adjudicated, for example, against usurers (feneratores) and those carrying out the taking of public property (peculatores), and could also be adjudicated against abusive public

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Mussinelli, Elena. "Project quality, regulation quality." TECHNE - Journal of Technology for Architecture and Environment, no. 27 (June 10, 2024): 10–14. http://dx.doi.org/10.36253/techne-16054.

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In the Italian context, the first law directly affecting the urban planning and building sector dates back to approximately 160 years ago, precisely Law 2248/1865. It established the administrative unification of the Kingdom of Italy, empowering municipal councils to deliberate on ‘hygiene, building and local police regulations’, and was followed a few months later by Law 2359/1865 on expropriations for public purpose. By contrast, the first regulations for the protection of artistic, historical, archaeological and ethnographic heritage (1089/1938), and natural beauty (1497/1939), are just ove

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Gvozdeva, Inna Andreevna. "Conflicts in Roman Land Law in the Era of the Empire." RUDN Journal of World History 15, no. 3 (2023): 258–66. http://dx.doi.org/10.22363/2312-8127-2023-15-3-258-266.

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The purpose of this study is to examine agriculture of the Ancient Rome from the point of view of the development of judicial proceedings in this branch. During the period of transition from the Republic to the Empire several systems of land surveying were formed in Rome, which contributed to the improvement of land management. In the centuriation system the categories of land ownership and possession were most clearly defined. The task of this study is to show how in land disputes (controversies) there was a change of the archaic legal procedure to the formulary one, characteristic of the pre

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Isaev, I. A. "Virtual Origins of Public Law." Lex Russica, no. 4 (April 24, 2021): 9–22. http://dx.doi.org/10.17803/1729-5920.2021.173.4.009-022.

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The paper analyzes the main processes that gave rise to such a phenomenon as “public law”. The problem of public law is one of the fundamental problems of jurisprudence. A classical dichotomy of public and private law will never lose its significance, and the search for their harmonious interaction only heightens the interest of thinkers around the world in this issue. We should agree that addressing such issues is always secondto-none, as it gives grounds for the development of the best legal regulation acceptable for a particular society. The very notion of “publicness” has gone a long way t

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Ivanov, Anton A. "Soil — Land Parcel — Land — Territory." Zakon 21, no. 5 (2024): 38–45. http://dx.doi.org/10.37239/0869-4400-2024-21-5-38-45.

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The article is devoted to the differentiation of some notions in civil law, land law and public construction law of Russia such as soil, categories of lands, land parcel, zone of regulation and territory. The land parcel as a true object of civil law requires its being defined as 3-dimentional thing (res) with corporeal (physical) contents. It does not matter what these contents are — soil, water or mineral resources. Technical description of the land parcel as a 2-dimentional surface (without filling) is one of the method of its individualisation. All other notions — categories of lands, zone

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Fadlallah, Haissam. "Divine Law vs. Human Construct: The Unbridgeable Divide Between Sharia Law and Roman Law." الباحث العربي 6, no. 1 (2025): 1–24. https://doi.org/10.57072/ar.v6i1.158.

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This paper examines the profound ideological divide between Sharia law and Roman law, exploring the irreconcilable differences between a divine law and a human construct. The historical context of Sharia's expansion highlights its integration into all aspects of life, transcending the rigidity of Roman law, which was secular and fragmented. The central problematic addresses whether a legal system rooted in divine authority could ever be shaped by a framework founded on human ingenuity and political pragmatism. The research methodology is analytical, dissecting the foundational principles, sour

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Šejdl, Jan. "The Principle of praedia vicina esse debent in the Sources of Roman Law." PRÁVNĚHISTORICKÉ STUDIE 55, no. 1 (2025): 9–21. https://doi.org/10.14712/2464689x.2025.2.

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The text focuses on the principle of praedia vicina esse debent in Roman law. It examines on what basis it appeared, how the sources of Roman law reflect the need for land contiguity in the case of servitudes, and what is meant by contiguity, i.e. whether it is direct, immediate contiguity or whether the proximity of the land is sufficient. The text also shows that the general principle in question does not inherently have a uniform interpretation and must always be viewed in the light of individual servitudes and the possibility of exercising them. Finally, the text indicates that the princip

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Kočan, Edina. "ISTORIJSKI RAZVOJ PRAVA GRAĐENjA." Glasnik prava 11, no. 1 (2020): 85–98. http://dx.doi.org/10.46793/gp.1101.85k.

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The author presents the historical genesis of the institute of construction law, with the purpose of presenting the reasons for its introduction in the first place, starting from Roman law to the first civil codifications that can be called modern. In this regard, this paper presents Roman long-term land leases first (emphyteusis and superficies). Superficies are considered the forerunner of modern construction law, because, among other similarities, it had almost the same purpose that is achieved today by construction law: to enable cheaper construction of buildings on someone else's land. Pa

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Sourgens, Frederic Gilles. "ICSID Arbitration and the Importance of Public Accountability of a Private Judicature – A Roman Law Perspective." International Community Law Review 9, no. 1 (2007): 59–102. http://dx.doi.org/10.1163/187197407x192923.

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AbstractThis article explores the problems of public accountability in current investment law practice. These problems arise from the private interpretation of international investment treaty and customary law in arbitration. It analyses these problems through the historical lens of Roman law and the Roman law tradition in international law. It suggests a Praetorian system of international accountability and explores the remarkable similarities between current investment arbitration and classical Roman civil procedure.

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Kim, Nam-Wook. "The footsteps of administrative law and public land law - Focusing on land planning law -." Korean Public Land Law Association 87 (August 30, 2019): 259–85. http://dx.doi.org/10.30933/kpllr.2019.87.259.

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Lapyrenok, Roman. "The Political and Economic Origins of the Roman Revolution." Journal of Economic History and History of Economics 22, no. 2 (2021): 222–45. http://dx.doi.org/10.17150/2308-2488.2021.22(2).222-245.

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The paper considers some economic and legal aspects of the struggle for the public land in Late Republican Rome. This period is one of the most controversial in ancient history; it brought many significant changes to the socio-economic and political life of Rome and contributed much to its transformation from Republic to Principate. Nevertheless, there is no special paper examining the competition between the Romans and Italians for the ager publicus populi Romani which started with the agrarian reform of Tiberius Gracchus in modern historiography. The first episode ended after the enactment i

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Johnston, David. "Law and commercial life of Rome." Proceedings of the Cambridge Philological Society 43 (1998): 53–65. http://dx.doi.org/10.1017/s0068673500002145.

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Nearly thirty years ago, John Crook's well-known book Law and life of Rome provided what remains the most sustained and wide-ranging survey of the place of Roman law in Roman society. Chapter 7, ‘Commerce’, begins with the observation that in Roman times trade and business were relatively insignificant compared with land. No doubt few would disagree. But in recent years historians have done much to illuminate such questions of economic history as patterns of trade and consumption. Certain other matters, however, remain comparatively obscure. The non-legal sources are sufficiently unhelpful tha

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Harris, Grant A., George Comeron Coggins, and Charles F. Wilkinson. "Federal Public Land and Resources Law." Journal of Range Management 40, no. 4 (1987): 383. http://dx.doi.org/10.2307/3898748.

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Lee, Daniel. "Private Law Models for Public Law Concepts: The Roman Law Theory of Dominium in the Monarchomach Doctrine of Popular Sovereignty." Review of Politics 70, no. 3 (2008): 370–99. http://dx.doi.org/10.1017/s0034670508000557.

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AbstractThe essay traces the juridical origins of the modern doctrine of popular sovereignty as developed by the monarchomach jurists of the late sixteenth century. Particularly, the use of doctrines from the Roman law of property explains the sovereign right of the people to resist and reconstitute the commonwealth. Reviving the civilian concept of dominium during the French Wars of Religion and dynastic royal politics, these radical jurists articulated the claim that the people, not kings, have property rights over the commonwealth. By conceptualizing the people corporately as property-owner

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Boóc, Ádám. "Remarks on the concept of gross disparity in value in Hungarian law." European Integration Studies 18, no. 1 (2022): 40–49. http://dx.doi.org/10.46941/2022.e1.40-49.

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As it is well-known, laesio enormis is an ancient legal institute of Roman Private Law. According to Roman law, in sales of land, if the price paid was less than half of the value of the land, the vendor could have the contract rescinded unless the purchaser made up the full. The paper scrutinises the appearance of this legal institute in Hungarian private law from a comparative-historical approach, bearing in mind the differences in the regulation of this legal institute in the old Civil Code of 1959 and the new Civil Code of 2013 has been effective since the 15th of March, 2014. The study al

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Kolisnichenko, V., and K. Troshkinа. "GENESIS OF INHERITANCE LAW IN UKRAINE." Scientific Notes Series Law 1, no. 11 (2021): 133–38. http://dx.doi.org/10.36550/2522-9230-2021-11-133-138.

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The article considers the main stages of formation, development and features of the evolution of the institution of inheritance in Ukraine. Inheritance law is one of the oldest areas of law, which has never lost relevance in both theoretical research and practical application, as the issue of transfer of property from the deceased to his descendants and close relatives existed during the Roman Empire, where the study originates. institute. Inheritance is a set of various objects of civil legal relations, each of which creates for the sphere of inheritance its challenges and problems that need

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ZHANG, Xuewei. "THE DISAPPEARANCE OF THE "PRIVATE" ELEMENT FROM THE CONCEPT OF THEFT: A HISTORICAL EXPLANATION." Ankara Üniversitesi Hukuk Fakültesi Dergisi 72, no. 2 (2023): 949–72. http://dx.doi.org/10.33629/auhfd.1295097.

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According to the unique public and private law division standards in Roman law, the concept of theft in Roman law has a dual nature of public and private. Ordinary theft is considered to reflect private legal relations and is a delictum, while aggravated theft reflects the legal relations dominated by the will of the state and is a public crime. The duality of this theft also affected the development of the concept of theft in the Middle Ages, both Canon law and Germanic law distinguished between ordinary theft and aggravated theft, but ordinary theft was no longer regarded as delictum. German

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Wu, Qiong. "Research on the Progressiveness and Deficiency of Laws of the Twelve Tables." Lecture Notes in Education Psychology and Public Media 53, no. 1 (2024): 54–58. http://dx.doi.org/10.54254/2753-7048/53/20240020.

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The wheel of history rolls forward, leaving a profound mark on the land of ancient Rome. In this long history, Roman law, as the birthplace of Western civilization, has a far-reaching impact. Among them, the bloodshed between the aristocrats and the commoners is undoubtedly the most profound mark in Roman history. However, behind this mark is hidden a great law - the Laws of the Twelve Tables. Laws of the Twelve Tables is the earliest written law of ancient Rome, which had a profound influence on the development of the legal system of later generations. The birth of this law marked the transfo

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Rozenberg, Silvia. "Stuccowork in the Ancient Land of Israel." Syria V (2019): 183–200. http://dx.doi.org/10.4000/12cj9.

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Large quantities of stucco fragments have been revealed in Hellenistic-Roman sites in the ancient Land of Israel. Masonry Style fragments of wall panels resembling drafted masonry; stucco-plastered architectural decorations; stucco finishings of pedestals, pilasters, and columns; and plain ceiling coverings, were already found in the Hellenistic period. The local aniconic tradition developed at that time would exert its influence in the Herodian period, when Masonry Style was replaced by new Roman styles. The popularity of stuccowork declined after the 1st cent. ce, but the technique continued

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Bagnall, Roger S. "Landholding in Late Roman Egypt: The Distribution of Wealth." Journal of Roman Studies 82 (November 1992): 128–49. http://dx.doi.org/10.2307/301288.

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One of the most revealing aspects of any society is the distribution of wealth. In the ancient world, the stratification of landholdings essentially determined the stratification of wealth. There were, to be sure, many other kinds of wealth: funds and commodities for lending, urban rental property, productive enterprises, slaves, ships, and so on. To some extent these were no doubt owned by the same people who owned agricultural land, but the almost total absence of quantifiable data makes generalization difficult. Land, moreover, occupied a unique position in the economy and government of the

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