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1
Kopylov, Alexander V. "Types of fideicommissa in Roman inheritance law." Vestnik of Saint Petersburg University. Law 12, no. 2 (2021): 477–87. http://dx.doi.org/10.21638/spbu14.2021.214.
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The article analyses the historical process of dividing the original fideicommissum institution into separate types: family fideicommissum, singular fideicommissum and universal fideicommissum. Family fideicommissum appeared in the inheritance law of Ancient Rome due to the legislator’s desire to limit the freedom of disposition of property that a legatee and other members of his family used to have. The aim of such a limitation was to keep the estate within one Roman family. The author concludes that the legal nature of fideicommissum was based on the transfer of the estate’s assets only (and not liabilities) from an heir to a legatee. This led to the gradual unification of bequests and singular fideicommissa in Roman law. The author bases the analysis of peculiarities of universal fideicommissum on its comparison with legatum partitionis. As a result, it is found that there was a fundamental change in the legal nature of universal fideicommissum. A universal fideicommissum was originally based on the singular succession principle, but the Trebellian senate’s decree (senatusconsultum Trebellianum) permitted the transfer of liabilities, which were a part of estate property, from an heir to a legatee as well as assets, thus permitting universal succession. Due to this, the merger of universal fideicommissa with the bequest became impossible and universal fideicommissum retained its independence in the Roman inheritance law. In course of the research, the author uses translations of fragments from the most important monuments of Roman law — the Justinian Novels, which have not been published in Russian before.
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Ilkiv, Oleh. "Оwnership as a legal category." Legal Ukraine, no. 11 (December 23, 2020): 15–21. http://dx.doi.org/10.37749/2308-9636-2020-11(215)-4.
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The article is devoted to the analysis of ownership in Ukraine. Features of ownership as a legal category that is inherent in real and compulsory relations are investigated. The legal aspects of ownership used to characterize the acquisition period are clarified. The legal consequences of actual domination of a thing are described. Thus, ownership in civil law is considered as the subjective right of the owner and as a separate real right to own someone else’s property. In civil law, ownership is considered as a subjective right of the owner or other persons, and not as an object of subjective rights. The actual content of a thing without a legal basis should not be identified with the right of ownership in the legal aspect. The stay of the find in fact with a person who has found a thing for six months while the unknown owner of it should not be interpreted as a right of ownership, since in the Civil Code of Ukraine the right of ownership is considered among the types of real rights to someone else’s property. The latter in turn arise on the basis of the will of the owner or the law, and in the case of a dispute — on the basis of a court decision. The positions on the protection of the right of ownership over acquisition time in the judicial procedure are justified. Real ownership is one of the oldest known under Roman law. It covered two aspects: the independent type of property rights and one of the powers that constitute ownership. Since the time of Roman law, attention has been focused on the absolute nature of ownership in the form of domination of things. Dominance can be seen in the factual and legal aspects. The establishment by the courts of the fact of bona fide possession of a thing for a period determined by law can be carried out in a separate proceeding. But it cannot recognize the ownership of a thing in order to consider cases of separate fact-finding proceedings of legal importance. Key words: right of possession, property right, rights, acquisitive prescription.
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Godek, Sławomir. "PIERWIASTKI ROMANISTYCZNE W PRAWIE SPADKOWYM I STATUTU LITEWSKIEG O." Zeszyty Prawnicze 3, no. 2 (May 10, 2017): 273. http://dx.doi.org/10.21697/zp.2003.3.2.12.
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Roman Elements in Testamentary Regulations of I Lithuanian StatuteS u m m a ryRoman law, alongside Lithuanian, Ruthenian, Polish, German and canon law, was one of the many sources of I Lithuanian Statute of 1529. However, it is still not clear how and within what scope the authors of the Lithuanian codification used Roman law. At some point researchers of the subject held the view that the reception of elements of elaborate Roman law could not have possibly happened before II Statute of 1566, from witch such elements were transferred to III Statute of 1588. It seems, however, that a number of Roman elements were already present in I Statute; later on, in the course of the creation of II and III Statute, Roman elements were considerably multiplied and expanded. An interesting subject for research in this connection is testamentary law in I Lithuanian Statute. For instance, Roman law did not allow for wills to be drawn up by minors, slaves, heretics, sons who remained under the authority of their fathers, and by insane persons. The same regulations are to be found in I Statute. It should be emphasized that the reception of Roman legal institution by the Lithuanian codification went as far as to include even exceptions to the general rules; thus, sons were allowed to make wills with respect to their separate property, and insane persons were allowed to make wills when they were in a sound state of mind. I Statute also adopted the Roman legal principle that allowed a testator to freely change his will at any moment in his life. An impact of the Roman legal system can also be seen in I Statute regulations concerning the capacity to be a witness to will making. Under I Statute, persons lacking will-making capacity and women could not be witnesses to will making. It also appears that disinheritance as a legal sanction for hitting or insulting one of the parents was taken over by I Statute from Roman law, perhaps via Byzantine law.An analysis of the regulations of I Statute leads one to the conclusion that the first codification was already under the influence of Roman law, and that the influence was more significant that previously believed. In view of the above observations, further research on the issue may lead to interesting results.
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Kudryavtseva, L., and V. Shevchenko. "Property relations between spouses in private international law." Bulletin of Science and Practice 5, no. 3 (March 15, 2019): 417–20. http://dx.doi.org/10.33619/2414-2948/40/55.
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This article deals with the issues of regulation of property relations of spouses in private international law. The article deals with the conflict issues of marriage, as well as the contractual regime of property of spouses. The article reveals the content of the Minsk and Chisinau conventions on property relations between spouses. In particular, the conventions say that the property relations between spouses are determined by the legislation of the Contracting party in whose territory they live together. If the husband lives in one Contracting state and the wife in the other and both have the same nationality, the law of the country of which they are nationals governs their property relations. Attention is paid to bilateral agreements on legal assistance to States in the field of property relations between spouses. For example, such an agreement exists between Russia and Estonia, and it helps to resolve various property issues between spouses. The domestic legislation of different States regulates the issue of determining the regime of matrimonial property in different ways. For example, in the States of the Anglo-Saxon legal system and in most Muslim countries there is only a regime of separate property. On the contrary, in the States of the Romano–German legal system, preference is given to the regime of common property of spouses, and it is possible to establish a different regime of property relations by agreement of the spouses. According to this principle and developing family law in Russia.
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Schutte, PJW. "Vertoon die Corpus Iuris Civilis Kenmerke van 'n Abstrakte Stelsel van Eiendomsoordrag?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 10, no. 3 (July 4, 2017): 89. http://dx.doi.org/10.17159/1727-3781/2007/v10i3a2801.
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It is generally accepted that an abstract system for the transfer of property is applied in South Africa. Characteristic of an abstract system is that the different legal acts which form part of the process, namely the obligatory agreement, delivery of the thing concerned or registration and the real agreement are separated from each other. The real agreement is an agreement between the transferor and the transferee based on a meeting of the minds; it is directed at the transfer of ownership by delivery and should be distinguished from the underlying causa (for example an obligatory agreement). The real agreement merely consists of the transferor’s intention to transfer property and the transferee’s intention to receive property. A second characteristic of the real agreement is that it should meet its own requirements. It is therefore not dependent on the validity of the preceding obligation or any other legal act. This means that ownership will pass from the transferor to the transferee even though the underlying obligatory agreement is invalid. The real agreement is an invention of the German jurist Friedrich Carl von Savigny. The purpose with this article is to ascertain whether or not Roman law at the time of Justinian reflects any of the characteristics of an abstract system and the real agreement (which is generally associated with an abstract system). Can it be said that Savigny based his theory on Roman law? It appears from this paper that a clear distinction was drawn in Roman law between the causa (obligatory agreement) and delivery (traditio). Ownership in movable and immovable property did notpass directly by virtue of the conclusion of the contract of sale or donation (causa) - the thing concerned had to be delivered to the transferee in a legally accepted way as well. Although there is no clarity regarding the question of whether or not a valid causa was a requirement for the transfer of ownership, it can be stated with a fair amount of certainty that the causa had to be valid in those cases where delivery was effected by virtue of sale and donation. If the causa was invalid, ownership did not pass, even though the parties had the intention to pass ownership. In this regard Roman law at the time of Justinian reflects the characteristics of a causal system. However, if the thing was delivered on account of a dos or solutio by virtue of a stipulatio (and maybe also mutuum), there was no prior obligatory agreement and traditio was not affected by the causa at all. Ownership had passed merely by virtue of the intention to transfer and to receive ownership. In other words, Roman law portrays characteristics of an abstract system in these situations. Regarding the question whether or not the reciprocal intention to transfer and to receive ownership had been construed as an independent agreement which should be distinguished from the obligatory agreement, it appears that that was not the case. Because of the dual nature of the contract of sale in Roman law (it created an obligation but it was also iusta causa traditionis), it was accepted that the intention to transfer and to receive ownership was actually contained in the obligatory agreement. It did not exist on its own as a separate agreement (except in cases of a dos, solutio and mutuum). However, it emerges that the intention was emphasised more and more and that it was gradually loosened from the causa. The loosening, however, existed merely in the vision that the intention to pass ownership (as contained in the causa) can continue to exist on its own even though the causa appears to be invalid. The bond between causa and traditio was not yet finally broken, because it was still the intention at the time of the obligatory agreement that effected the passing of ownership. The conclusion is that there was no sign of a real agreement which merely consisted of the reciprocal intention to transfer and receive ownership and which existed independently from the underlying obligatory agreement.
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Marina, Venetskay. "Expansion of party replacement designs in the commitment in the civil law of Ukraine." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 298–305. http://dx.doi.org/10.33663/0869-2491-2020-31-298-305.
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The article is devoted to improving the legal regulation of the replacement of a party to an obligation in the civil legislation of Ukraine, taking into account the needs of civilian turnover and economic practice. The reasonability of the additional settlement of issues of reimbursement of contracts for the assignment of claims and compensation for additional costs associated with such a concession, as well as the introduction of the institution of the assignment of contracts into Ukrainian civil law, is argued. The lack of a direct indication of the law on the remuneration of a claim for assignment of a claim has led to the emergence of a number of interpretations of such a transaction as being non-remunerative. Meanwhile, according to the basic provisions of the Civil Code of Contract - the contract is repayable, unless otherwise stipulated by the contract, law or does not follow from the essence of the contract. In addition, the consequence of concluding a deed of assignment claim is the acquisition by the new creditor of property rights that are property, so the free acquisition of property must be considered as a gift, an indication that is absent in the legislation. Unknown to the contract law of Ukraine and the civil institute of contract withdrawal, which is sufficiently widespread in economic practice and is regulated by European legislation. . The meaning of a contract cancellation is to transfer from one person to another the rights and obligations under the contract with a third party, ie it is a simultaneous combination of the cancellation of claims and the transfer of debt. It is necessary to extend the methods (structures) of transfer of debt through the introduction in Ukrainian civil law of the methods known since Roman times, in particular, the expropriation as a separate construction of the replacement of the debtor in the obligation, which occurs on the initiative of the creditor and on the basis of the agreement concluded between such credit and the new debtor in the absence of the need to obtain such consent from the original debtor; and intercession as a construct, when a new debtor is joined to the obligation (which may be divisible) and each of them must fulfill the obligation in its share.
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Shmariova, Tetiana. "Zemska Limitation of Action: Certain Issues of Theory and Practice." NaUKMA Research Papers. Law 7 (July 20, 2021): 71–78. http://dx.doi.org/10.18523/2617-2607.2021.7.71-78.
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The history of law should be viewed not only within the context of the study on the birth of law being one of the social regulators, its emergence and evolution of its certain institutions, but also as an instrument of thorough understanding of legal forms recepted from Roman Law. Certain forms of these include usucapio – limitation of action introduced to Russian Imperial legislation by Article 301 of the Legislation Code of 1832.Ukraine can view the doctrine developed by legal scholars of those times as well as court practice on these issues as part of its own history as it used to be a part of the Russian Empire, where (except for Chernihiv and Poltava regions) Russian Imperial legislation was fully in force. Russian Imperial legal scholarship has adopted the approach applied by Roman law, including usucapio and praescriptio. However, the issue of usucapio existence in legislation acts of the Moscow State as a separate institute before 1832 has provided grounds for discussions.Similarly, the legal essence of the usucapio institute has also provided grounds for scholarly discussions on philosophic grounds regarding the impact of limiting legislation on the application of the limitation institute whether limitation should be similarly the ground for losing or acquiring rights, or regarding the conditions when the appropriate limitations may be applied.The analysis of past scholarly concepts provides possibilities to develop a full picture. Nevertheless, this picture is not without homogeneity of thoughts. The author takes the approach that the usucapio institute in Russian Imperial legislation has appeared and developed for assuring the stability of civil relations. Regardless of the division of providing evidence, the existence of the actual possession by the actual possessor of the mortgage after the 10-year term, the new possessor has been recognized and registered the property rights within time limitation if the conditions prescribed in the law are actually fulfilled. The interest in theoretical development in the limitation issue and the amount of the court practice provides evidence that it was claimed by the society.The definition of the Zemska time limitation has been changing gradually, and it can generally be viewed as calm, non-discussional, and continuous possession within the term developed by the law, in terms of “property”. The law of those times did not demand a fair possession conditions for acquiring the rights on limitation grounds, however this approach has been criticized by scholars.Generally, the author has selected the panoramic approach of constructing her research by paying attention to discussional issues, as well as the issues being of interest nowadays. Specific focus is made on actual inaction of titular proprietors of mortgage as the condition for loss of the right on limitation grounds and non-act possession. The actuality of stability of civil relations remains the same nowadays as it was in the past.
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Schutte, PJW. "Oordrag van eiendomsreg en die vulgêre reg in die Wes-Romeinse ryk." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 3, no. 2 (July 10, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2000/v3i2a2886.
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It is generally accepted that an abstract system is applied in South Africa with regard to the transfer of ownership. It is a characteristic of the abstract system that the different legal acts which form part of the process, namely the obligatory agreement, delivery of the thing concerned or registration, and the real agreement are separated from each other and that each has its own requirements. However, there is no certainty about the question as to whether or not this distinction stems from Roman law. The purpose of this article is to ascertain whether the distinction between the different legal acts existed in the vulgar law.It appears that the legal position in the vulgar law differs from South African law in that no distinction between the obligatory agreement and delivery of the thing existed. The conclusion of the sale, payment of the purchase price and the delivery of the merx took place simultaneously. It was considered to be one single act which also transferred ownership from one person to another. It furthermore appears that the intention of the parties to transfer ownership played a very important role. Yet, it was only the intention that existed at the time when the obligatory agreement was entered into, that mattered. Ownership did not pass by virtue of a separate meeting of the minds which could be abstracted from the obligatory agreement.Although certain formal requirements, the purpose of which were to enable the state to collect taxes, had been introduced in the vulgar law, writing and registration had not been regarded as formal requirements for the transfer of ownership in immovable property. Yet, the practice had been to draw written documents relating to the contract of sale, and to register them in municipal registers. This form of registration, however, is not tantamount to registration in the Deeds Registry.The conclusion is that an independent real agreement, which could be abstracted from the obligatory agreement was unknown to the vulgar law. There was no clear-cut distinction between the different legal acts such as that existing in South African law at present.
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Stefanović, Nenad. "The concept of property in Roman law." Pravo - teorija i praksa 35, no. 7-9 (2018): 17–29. http://dx.doi.org/10.5937/ptp1806017s.
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Stefanović, Nenad. "Original acquisition of property in Roman law." Pravo - teorija i praksa 35, no. 10-12 (2018): 46–58. http://dx.doi.org/10.5937/ptp1812046s.
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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-owners in this way, they were able to draw on legal arguments from Roman law to justify popular resistance as an assertion of a corporate property right. In doing so, the monarchomachs expressed an elaborate theory of state and sovereignty within the grammar of the Roman private law.
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Marinenko, Olga. "PROTOTYPES OF PROPERTY COMPLEXES IN ROMAN PRIVATE LAW." Journal about Law 2, no. 3 (May 9, 2014): 15–18. http://dx.doi.org/10.15727/2313-6715.2014.2.3.15-18.
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Pelloso, Carlo. "Serviles personae in Roman Law." Journal of Global Slavery 3, no. 1-2 (January 31, 2018): 92–128. http://dx.doi.org/10.1163/2405836x-00301006.
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Abstract This article aims at sketching the prima facie “paradoxical” legal status of “slaves” in Roman law. Hence, it deals with principles and rules directed to regulate two paradigmatic and highly relevant areas of economic life, i.e. sale and agency. Both shared the fundamental presence of servi or mancipia, conceived at times as mere objects, at times as real individuals. On the one hand, according to non-Roman conceptions (that consider slavery per se a liminal and, thereby, indefinable institution), the law concerning serviles personae would represent such a contradiction by merging the Aristotelian categories of bios and zoe. On the other hand, pre-classical and classical Roman law, adhering to a functional and wide notion of legal persona, and embodying a status-system, transcends any apparent inconsistency between property law and business law.
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Andrews, Thomas R. "Income from Separate Property: Towards a Theoretical Foundation." Law and Contemporary Problems 56, no. 2 (1993): 171. http://dx.doi.org/10.2307/1192159.
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Kroczek, Piotr. "Introduction to the separate property regime in Polish law." Annales Canonici 11 (July 1, 2015): 95. http://dx.doi.org/10.15633/acan.1057.
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Grossberg, Michael, and Susan Staves. "Married Women's Separate Property in England, 1660-1833." American Journal of Legal History 35, no. 1 (January 1991): 112. http://dx.doi.org/10.2307/845593.
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Ernst, Wolfgang. "Roman Law of Property. Origins and Basic Concepts of Civil Law, vol. I." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 138, no. 1 (June 1, 2021): 801–2. http://dx.doi.org/10.1515/zrgr-2021-0042.
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Hellwege, Phillip. "Enforcing the liferenter's obligation to repair: Roman law, ' ius commune ' and Scots law." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 79, no. 1 (2011): 81–119. http://dx.doi.org/10.1163/157181911x563066.
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AbstractA liferenter has the right to use the fiar's property. Furthermore, he has the right to possession. Only after the termination of the liferent, the fiar can take up the possession and the use of the property himself. In the meantime, the fiar will want the liferenter to maintain the property, e.g., to carry out repairs. In Roman law, the liferenter was first only under an enforceable obligation to repair if he had rendered the cautio usufructuaria. However, in the further development of Roman law an actio in factum emerged in order to enforce the liferenter's duty to repair even if no cautio usufructuaria had been given. The exact point of time when this actio was developed is unclear. It is suggested that it emerged towards the end of the era of classical Roman law. During the time of the ius commune it was uncontested that the liferenter's duty to repair was enforceable even if no cautio usufructuaria had been given. As a consequence the liferenter did not have to nd caution in every case but only if the liferenter's conduct gave rise to fear a material infringement of the fiar's rights. The cause to revisit the question of the enforceability of the liferenter's duty to repair in its historical development is a decision of the Scottish Court of Session in 2002.
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Sukhanov, Evgeniy. "Problems of Property Law in Modern Russian Law." Journal of Russian Law 4, no. 4 (April 11, 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 specific features of legal regulation of proprietary relations in the Russian law, the author considers advantages of regulation of rights to land plots, which are in the public domain, by means of forms and types of limited proprietary rights; in this connection, the author demonstrates inefficiency of extending mechanisms of law of obligations only, mainly the models of lease contracts, on land relations. The author analyzes differences between legal regulation of homogeneous relations within the civil legislation and the land legislation as a temporary phenomenon and a feature of the transitional stage in the development of the Russian civil legislation.
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Tsujimura, Kazusuke, and Masako Tsujimura. "Roman law in the national accounting perspective: Usus, fructus and abusus." Statistical Journal of the IAOS 37, no. 2 (June 3, 2021): 613–28. http://dx.doi.org/10.3233/sji-210810.
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Application of accounting discipline to the organization of economic data aids in both collection and interpretation of economic and jurisprudential knowledge, for it highlights gaps in the basic statistics and clarifies interrelations among the parts of the structure. The legal systems of nearly all countries are generally modeled upon four legal systems: Mesopotamian law, Roman law, Islamic law and Anglo-Norman law. The first half of the paper compares the four legal systems in detail. The foundation of any accounting system, including national accounting, is a balance sheet that lists assets and liabilities; assets include both property rights and claims while liabilities are legal responsibilities and obligations. Therefore, special attention is given to the Roman law of things, which has furnished the foundations of much of the modern law of property and obligations in civil law systems. Usus, fructus and abusus have been recognized as pillars of private property since the antiquity. Although the concepts are intrinsic to property rights, they are useful tools to delineate the characteristics of claims and obligations. Some accounting examples are given at the end of the paper.
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Stojanović, Stefan. "Roman property law in comparative analysis of the Institutes of Gaius and the Institutes of Justinian." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 1 (2020): 503–18. http://dx.doi.org/10.5937/zrpfns54-23148.
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In this paper comparison of the provisions of Roman property law in the Institutes of Gaius and the Institutes of Justinian has been made. The aim of this paper is to find out which provisions of the Institutes of Gaius were reciprocated in the Institutes of Justinian, and which were not, and whether certain provisions were taken with modification and what the modification consists of. In this way, it will be determined which institutes of Roman property law remained unchanged until Justinian's time, which underwent changes, and which, due to changes in social relations, don't exist anymore. The comparative method will analyze the most important legal concepts and institutes of Roman property law from the Institutes.
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Mayer-Maly, Theo. "Peter Birks (Ed.), New Perspectives in the Roman Law of Property." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Romanistische Abteilung 107, no. 1 (August 1, 1990): 622–24. http://dx.doi.org/10.7767/zrgra.1990.107.1.622.
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Alexander Lee. "Roman Law and Human Liberty: Marsilius of Padua on Property Rights." Journal of the History of Ideas 70, no. 1 (2008): 23–44. http://dx.doi.org/10.1353/jhi.0.0022.
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Platschek, Johannes. "Ex iure manum conserere: Symbolic violence in early Roman property disputes." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 74, no. 3-4 (2006): 245–60. http://dx.doi.org/10.1163/157181906778946047.
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AbstractThe technical term ex iure manum conserere known from the formulas of the old Roman procedure concerning ownership (legis actio sacramento in rem) means – exactly as in the words' common use – 'to come to blows according to the law'. It signifies an act of mutual violence regarding the thing in dispute for the purpose to prepare a trial. The judicial decision about who was entitled to use force is indirectly an acknowledgment of ownership. The terminology is in line with other institutes of Roman law, and there are parallels in Greek law. In contrast, Gellius interprets ex iure in opposition to in iure and therefore as 'out of court'. He explains manum conserere with reference to the procedure as it had already developed, viz. 'to seize the object jointly and claim it with the prescribed wording'. But his reconstruction is neither consistent nor supported by any other evidence.
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Tate, Joshua C. "Codification of late Roman inheritance law: fideicommissa and the Theodosian Code." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 76, no. 3-4 (2008): 237–48. http://dx.doi.org/10.1163/157181908x336855.
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AbstractIt has long been known that most of the private law content of the Theodosian Code has not been preserved independently of the Lex Romana Visigothorum. Certain constitutions, not contained in the LRV but dating to the period covered by the CT, have survived in the Code of Justinian. This article discusses this problem with respect to a particular topic: fideicommissa. The article discusses whether a particular constitution, CJ 6.37.21, might have been included in the CT, either as part of a general rubric concerning inheritance or as part of a separate rubric on fideicommissa, and concludes by suggesting what the constitution might have looked like had it been under a separate heading.
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Cioclei, Valerian. "Proprietatea în dreptul penal roman. Mijloace de protecție, noțiune și obiect." Analele Universitării din București Drept 2019 (March 26, 2020): 66–71. http://dx.doi.org/10.31178/aubd.2019.07.
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The property right is guaranteed by the Romanian Constitution and by the international conventions, especially by the European Convention of Human Rights. Concretely, the Civil Code protects the property right. In a subsidiary manner, after the constitutional, conventional and civil law, the criminal law also ensures the protection of property. This brief article will reveal the means in which such protection is ensured within the Romanian Criminal Code, as well as the concept and the object of such criminal protection.
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Biryukov, Alexander Alexandrovich. "Evolution of limited property rights in Roman, European and domestic civil law." Аграрное и земельное право, no. 1 (2021): 34–37. http://dx.doi.org/10.47643/1815-1329_2021_1_34.
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Radovanović, Snežana. "Free citizens, democracy: Assumptions of the application of Roman law." Megatrend revija 17, no. 4 (2020): 41–48. http://dx.doi.org/10.5937/megrev2004041r.
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Majority of the nowdays societies consider that spreding of democracy, rather than limitation of state power, preserves freedom. This idea is in the contrary to antic idea of freedom as the essence of human being and its highest value. By such an idea, the society will be preserved from negative tendencies like democratic despotism (glorifiing power and authority as well as concetration of power in the hands of the leader), and decline of the highest values in global society. In antic polis ius civile used to be applied to free citizens only, rather than strangers, being slaves. As slaves, strangers had no any right recognised, and were acquisited like any other property. Slavery in Roman empire was considered as normal phenomena and was also approved mostly by social and biologic reasons. Ius gentium was, however, by spreading Empire to provncies, apllied to both citizens and strangers. Antic polis produced direct democracy, being ruling of the people, which was duty as well as the priviledge of the free citizens, thus, the priority were public obligations. Nowdays, however, democracy is considered individually, as a protection of individual, its property and private life.
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Krešić, Boris, and Ervina Halilović. "PROPERTY RELATIONS OF MARITAL PARTNERS THROUGH THE HISTORY OF BOSNIA AND HERZEGOVINA." Journal Human Research in Rehabilitation 7, no. 2 (September 2017): 106–17. http://dx.doi.org/10.21554/hrr.091712.
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The institutes of contemporary family law are rooted in Roman law, including the property relations of marital partners. From the historical perspective, the property-legal relations of marital partners in Bosnia and Herzegovina (BiH) were subject to religious regulations and the rules of the General Civil Code and Family Law of the Socialist Republic of Bosnia and Herzegovina. The article analyzes the solutions applied during the Roman, the Ottoman, and the AustroHungarian rule as well as the solutions included in the currently valid Basic Law on Marriage and Family Laws in BiH. The authors focus on the development of family law in terms of property relations of marital partners and provide historical-legal overview of the development of family law from the absolute power of pater familias to the full equality of marital partners.
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Bannon, Cynthia. "Fresh Water in Roman Law: Rights and Policy." Journal of Roman Studies 107 (August 18, 2017): 60–89. http://dx.doi.org/10.1017/s007543581700079x.
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ABSTRACTFresh water came from a variety of sources, streams and springs as well as aqueducts. Much of the Roman law on fresh water concerns its supply, regulating rights to use it with a variety of legal institutions from public and private law (e.g. ownership, servitudes, interdicts). The study of fresh water has usually followed the legal categories, segregating the public water supply from water that was private property, and consequently segregating different types of evidence. In this paper varied evidence is analysed using the ‘bundle’ approach, an analytical framework from legal scholarship on rights in the environment, in which water rights are not monolithic but are represented by component rights, including rights of access, withdrawal, management, exclusion and alienation. Analysing component rights in fresh water reveals significant continuities in the Romans' regulation of it and the impact of this regulation. Although there was no centralized water administration in the early Empire, Romans took a systematic approach to regulating fresh water based on consistent working principles and policy priorities.
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Gardner, Jane F. "The Recovery of Dowry in Roman Law." Classical Quarterly 35, no. 2 (December 1985): 449–53. http://dx.doi.org/10.1017/s0009838800040283.
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The recent article by R. P. Saller on Roman dowry in the Principate makes some interesting and important suggestions about the function of dowry and its role in the devolution of property. I am in broad agreement with a good deal of what he says, and would not dispute his views that dowry was, as shown by the requirement of collatio dotis, regarded as in a sense part of a woman's patrimony, and that the rules for the recovery of dowry show that the purpose of giving dowry was not held to rest on one single principle, but included provision both for the expenses of the wife's maintenance during marriage and for a possible remarriage after divorce or widowhood. However, his remarks on both points need some qualification and amplification. Briefly, I hope to show (i) that the oddities and anomalies noticed by Saller in the rules governing the recovery of dowry at the end of a marriage are apparent rather than real, since these rules rest, not on conflicting views about the purpose of dowry, but on the fact that the husband had full legal ownership of the dowry during marriage, together with the right of the wife or her pater to an actio rei uxoriae for recovery of dowry; (ii) that the rules for collatio dotis applied only if the woman herself chose to claim a share in her father's estate on intestacy beyond the amount of her dowry; (iii) that the use of the dowry for the wife's support was an equitable, rather than a legal, requirement.
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Verhagen, H. L. E. "'Verfallpfand' in early classical Roman Law: real security in the archive of the Sulpicii." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 79, no. 1 (2011): 1–46. http://dx.doi.org/10.1163/157181911x563048.
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AbstractThe writing tablets discovered in 1959 near Pompeii (Tabulae Pompeianae Sulpiciorum or Tabulae Pompeianae Novae) provide a unique and extremely valuable insight into the 'law in action' in the Roman Empire of the first century AD. In particular, these tablets allow us to assess the functioning of the law of secured finance, as it was applied by the Sulpicii family and other commercial lenders in the seaport town of Puteoli (Pozzuoli). The focus of this article is on the enforcement of a right of pledge in case of default by the debtor. In particular, it discusses whether the creditor then acquired ownership of the pledged property or whether he was only entitled to suspend his obligation to return the pledged property to the debtor. It is argued that the most likely interpretation of the writing tablets is that the creditor acquired ownership when the debtor defaulted and that this enabled him to sell the property at auction or otherwise.
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Baburin, Sergey N. "LAW ENFORCEMENT ISSUES: INFLUENCE OF THE ROMAN LAW ON RUSSIAN CONSTITUTIONIALISM." Law Enforcement Review 4, no. 1 (May 25, 2020): 5–13. http://dx.doi.org/10.24147/2542-1514.2020.4(1).5-13.
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The subject. Modern law enforcement is considered in harmony with the spiritual and moral foundations of legal culture through the use of ideas and approaches of Roman law.
The purpose. An attempt has been made to assess the influence of Roman Law on Rus-sian constitutionalism and modern law enforcement on the basis of the spiritual and moral traditions of Russian legal culture.
The methodology. Methods of dialectical logic, analysis and synthesis, comparative-historical, formal-legal methods were used. The main method is comparison of founda-tions of Roman law with the basic principles of Russian constitutionalism.
The main results and scope of their application. The problem of influence of Roman law on Russian constitutionalism and, in general, on the basis of modern Russian law en-forcement is raised. If universalism and individualism should be believed as the founda-tions of classical Roman law, then the basis of Russian law is community and social soli-darity. In Russia collective property and joint work as well as ancestral structure in the form of a rural community reached the modern times, while in ancient Rome their disap-pearance was the basis of the formation of Roman law. National peculiarities of the Rus-sian legal and political systems are determined by cultural-historical (civilizational) cir-cumstances, especially by the natural and climatic factors. It was in the communal world of Russia that the idea of Christian equality has formed the basis of the model of life, while in Western Europe the community has followed the path of individualization of the individual and differentiation of elites and masses according to the criteria of social suc-cess. The absolute belief in law as a phenomenon of social planning and a tool for com-promise between different parts of
society, inherited from Roman law, formed the Romano-German and Anglo-Saxon worldview, but it did not take root in Russian legal culture. Modern Russian constitution-alism, while poorly considering the Roman-Byzantine origins of national Russian law, is wrong in its denial of the national-cultural and historical adaptation of European legal in-stitutions and principles.
Conclusions. One of the important results of the study is the conclusion that the social value of Roman law in Russian Constitutionalism includes the moral mission of Roman law and a high assessment of the normative value of the heritage of Roman law. The val-ue depravity of the current Constitution of the Russian Federation can be eliminated, its defects can and should be corrected on the basis of the Roman law tradition, but this should be done only by adequately assessing the own experience of law enforcement, the thousand-year state-legal and spiritual development of the Russian civilization.
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Hopkins, Nicholas. "Conscience, discretion and the creation of property rights." Legal Studies 26, no. 4 (December 2006): 475–99. http://dx.doi.org/10.1111/j.1748-121x.2006.00033.x.
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This paper considers the utility of the concept of conscience or unconscionable conduct as a contemporary rationale for intervention in two principles applied where a person seeks to renege on an informal agreement relating to land: the principle in Rochefoucauld v Boustead; and transfers ‘subject to’ rights in favour of a claimant. By analysing the concept in light of our current understanding of the nature of judicial discretion and the use of general principles, it responds to arguments that unconscionability is too general a concept on which to base intervention. In doing so, it considers the nature of the discretion that is actually in issue when the court intervenes through conscience in these principles. However, the paper questions the use of constructive trusts as a response to unconscionability. It argues that there is a need, in limited circumstances, to separate the finding of unconscionability from the imposition of a constructive trust. In these limited circumstances, once unconscionability is found, the courts should have a discretion as to the remedy, modelled on that developed in the context of proprietary estoppel. The message underlying this paper is that many of the concerns expressed about unconscionability that have led to suggestions of alternative rationales for intervention can in fact be addressed whilst retaining an unconscionability analysis. Unconscionability remains a preferable rationale for intervention as it provides a common thread that links apparently separate principles and can assist our understanding of their scope.
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Crook, John. "The Roman Law of Property - Peter Birks (ed.): New Perspectives in the Roman Law of Property: Essays for Barry Nicholas. Pp. vii + 233; 1 photograph. Oxford: Clarendon Press, 1989. £25." Classical Review 40, no. 2 (October 1990): 331–33. http://dx.doi.org/10.1017/s0009840x0025395x.
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Medić, Duško. "Protection of Property Rights in the Law of Republika Srpska / Zaštita prava svojine u pravu Republike Srpske." Годишњак факултета правних наука - АПЕИРОН 4, no. 4 (July 30, 2014): 17. http://dx.doi.org/10.7251/gfp1404017m.
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Property right as the most extensive legally recognized ownership on things has also wide-ranging legal protection. The author deals with the issue of the protection of the property rights in accordance with the Republika Srpska Law of Proprietary Rights. This Law distinguishes property claim for return on things (rei vindicatio), hypothetical property claim, (actio Publiciana) and claim for intrusion or disturbance (actio negatoria). The aforementioned claims also existed in the Roman legislation. Principles regarding protection of the property rights, mostly apply to the protection of rights of co-owners and joint proprietors.
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Coleman, Janet. "The Two Jurisdictions: Theological and Legal Justifications of Church Property in the Thirteenth Century." Studies in Church History 24 (1987): 75–110. http://dx.doi.org/10.1017/s0424208400008251.
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With the revival of Roman and the development of canon law in the twelfth century a doctrine of supreme and universal jurisdiction began to be expounded with increasing vigour by the papacy. By the thirteenth century those learned in Roman and canon law began to distinguish in more subtle ways between jurisdiction on the one hand and holy orders on the other; between the capacity to make law and to discover law; between legislating and adjudicating; and, most importantly, between ruling and owning. Jurisdiction had become one of a cluster of terms used to define aspects of rulership, authority, prelacy, and imperium. It combined the idea of rightful administration with the legitimate and authoritative use of coercive force.
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Straumann, Benjamin. "Natural Rights and Roman Law in Hugo Grotius's Theses LVI, De iure praedae and Defensio capitis quinti maris liberi." Grotiana 26, no. 1 (2007): 341–65. http://dx.doi.org/10.1163/187607508x366454.
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AbstractRoman property law and Roman contract law as well as the property centered Roman ethics put forth by Cicero in several of his works were the traditions Grotius drew upon in developing his natural rights system. While both the medieval just war tradition and Grotius's immediate political context deserve scholarly attention and constitute important influences on Grotius's natural law tenets, it is a Roman tradition of subjective legal remedies and of just war which lays claim to a foundational role with regard to his conception of subjective natural rights. Grotius made use of Roman law and Roman ethics in order to submit a normative case for a rights-based just war in the East Indies. His conception of a law of nature was originally conceived to apply a theory of compensatory justice to the high seas of Southeast Asia, envisaged as a natural state lacking political authority. Eventually, however, this argument was to reveal its anti-absolutist implications, and contributed—by virtue of its applicability to individuals, private entities and commonwealths alike—to the emergence of a rights-based constitutionalism. This article discusses Grotius's early treatise De iure praedae commentarius (1604-1606) and its offshoot Mare liberum, which already contained an inchoate version of subjective natural rights, as well as the elaborate natural rights doctrine which can be found in Grotius's early Theses LVI and in the Defensio capitis quinti maris liberi, a defense of the fifth chapter of Mare liberum, written around 1615 and directed against the Scottish jurist William Welwod's attack on Mare liberum.
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Topildiev, Vokhidjon. "Civil law problems of constituent contracts." Общество и инновации 2, no. 3 (June 15, 2021): 80–90. http://dx.doi.org/10.47689/2181-1415-vol2-iss3-pp80-90.
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In this article, the author provides a scientific assessment of the history of the conclusion of constituent agreements on the creation of legal entities, based on the Roman, former Union and civil law of the Republic of Uzbekistan, and also theoretically and practically analyzed the essence of constituent agreements and their types on the basis of current legislation. He also proposed to include in the Civil Code of the Republic of Uzbekistan a separate special chapter regulating constituent agreements.
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Semyakina, A. V. "Property Rights to Land Plots in the Russian Federation and Great Britain: Dogmatic Approach against Pragmatism." Actual Problems of Russian Law 16, no. 7 (July 30, 2021): 179–91. http://dx.doi.org/10.17803/1994-1471.2021.128.7.179-191.
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Comparison of the phenomenon of property rights in two unrelated legal systems is an interesting task from the point of view of methodology. A simplifying factor is that English law in its origins was strongly influenced by Roman law, but developed apart from continental legal systems. As a result, using the same terminology in the field of property rights in the Russian Federation and Great Britain, different views have been formed on the nature of property rights to land plots. The paper analyzes the legal structures of real law in both countries and achieves the goal of clarifying the content of controversial terms and classifications existing in the real law of the Russian Federation; taking into account foreign experience the author determines the prospects for the development of domestic concepts of real and absolute rights. The admissibility of comparing property rights to land plots is predetermined by the use of similar legal techniques in both countries, as well as terminology borrowed from Roman law. The paper substantiates the thesis on the admissibility of using the analytical concept of law of W. N. Hochfeld as a comparative legal method of research. Fundamental differences in both legal systems will be in the idea of the object of property rights to land plots, the place of property rights in the classification of rights, in the structure and content of the corresponding legal relationship. Taking into account the analysis of the legal regulation of property rights to land plots in the two countries, theoretical provisions substantiate the conclusion about the need to preserve the idea of the absolute nature of property rights in domestic law.
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Sinanis, Nicholas. "Paul J du Plessis (ed), Wrongful Damage to Property in Roman Law: British Perspectives." Edinburgh Law Review 24, no. 1 (January 2020): 171–74. http://dx.doi.org/10.3366/elr.2020.0623.
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Selmani, Bashkim. "New Perspectives on Contractual Law in the Context of Real Contracts in the Systems of International Contemporary (Roman) Law." European Journal of Interdisciplinary Studies 1, no. 3 (December 30, 2015): 142. http://dx.doi.org/10.26417/ejis.v1i3.p142-151.
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This scientific paper aims at exploring and establishing whether national legal gaps or possible issues within the differences in the international contractual law of the European Union’s member countries and non-EU member countries can result in possible difficulties. In case there are legal problems and difficulties or practical concerns in this field, should the functioning of the internal trade and legal function through its interpretation hinder the process between the contracting parties in the event of entering a contract of international and interstate character within the law of obligations, and in cases of entering a contract, during its interpretation, while determining the rights and obligations or during other legal issues which have to do with the implementation of international private law and European international private law. Viewed from this angle, we need to consider the national and international private contractual law in the aspect of harmonization of the contractual law which may result in inconsistencies on a European level and broader. This would present an obstacle which restricts the fundamental legal-private rights of citizens as an advantage of individuals. They consist of three parts: personal relations between citizens, property relations between persons entitled as property trustees, as well as the procedural law which regulates the protection of subjective rights of personal and ownership nature. In practice, these face more difficulties in the private international law and European private international law, for example in: rules on property, ownership, real rights on other people’s belongings, liabilities and heritage in international character and elements.
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Selmani, Bashkim. "New Perspectives on Contractual Law in the Context of Real Contracts in the Systems of International Contemporary (Roman) Law." European Journal of Interdisciplinary Studies 3, no. 1 (December 30, 2015): 142. http://dx.doi.org/10.26417/ejis.v3i1.p142-151.
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This scientific paper aims at exploring and establishing whether national legal gaps or possible issues within the differences in the international contractual law of the European Union’s member countries and non-EU member countries can result in possible difficulties. In case there are legal problems and difficulties or practical concerns in this field, should the functioning of the internal trade and legal function through its interpretation hinder the process between the contracting parties in the event of entering a contract of international and interstate character within the law of obligations, and in cases of entering a contract, during its interpretation, while determining the rights and obligations or during other legal issues which have to do with the implementation of international private law and European international private law. Viewed from this angle, we need to consider the national and international private contractual law in the aspect of harmonization of the contractual law which may result in inconsistencies on a European level and broader. This would present an obstacle which restricts the fundamental legal-private rights of citizens as an advantage of individuals. They consist of three parts: personal relations between citizens, property relations between persons entitled as property trustees, as well as the procedural law which regulates the protection of subjective rights of personal and ownership nature. In practice, these face more difficulties in the private international law and European private international law, for example in: rules on property, ownership, real rights on other people’s belongings, liabilities and heritage in international character and elements.
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Gashi, Haxhi, and Bashkim Preteni. "MARRIAGE AND PROPERTY REGIME OF SPOUSES UNDER KOSOVO CURRENT LAW AND DRAFT – CIVIL CODE." Pravni vjesnik 36, no. 3-4 (2020): 309–23. http://dx.doi.org/10.25234/pv/10800.
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The impact of marriage in the property rights of spouses has been recognized since Roman law and nowadays remains a principle well established under each European legal system. Under Kosovo law, marriage creates different legal consequences between spouses including for their property rights. The current property regime of spouses under the Law on Family establishes rules on individual ownership and joint ownership. However, it does not recognise the contract for the regulation of the property regime of spouses. This has created problems with regard to the separation of the property after the marriage ceases. Contrary to this, under Kosovo Draft Civil Code – Book 4 on Family, the property regime of the spouses has advanced including for the recognition of premarital and marital contracts. This paper discusses questions arising from the relationship between spouses that have an effect on property and are treated from a current law perspective and in line with the civil law codification that is occurring in Kosovo.
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Cox, Noel. "Property law and Imperial and British titles: the Dukes of Marlborough and the Principality of Mindelheim." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 77, no. 1-2 (2009): 191–210. http://dx.doi.org/10.1163/004075809x403433.
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AbstractThe title of prince of the Holy Roman Empire was conferred in 1704 upon all the children heirs and lawful descendants, male and female, of John Churchill, the first duke of Marlborough. The title of prince of Mindelheim was granted in 1705 to all male descendants and daughters of the first duke. But following the Treaty of Utrecht in 1713 and the Treaty of Rastatt in 1714 the principality passed to Bavaria. The right of the dukes of Marlborough to use the style and title was thus lost, and any residual rights would have expired in 1722 on the death of the duke, as they could not pass to a daughter (unlike his British titles). Despite this it is still common practice to describe the Duke of Marlborough as a Prince of the Holy Roman Empire and Prince of Mindelheim. This paper considers the differences in the treatment of the descent of the British and imperial titles.
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Sandberg, Haim. "Three-Dimensional Partition and Registration of Subsurface Land Space." Israel Law Review 37, no. 1 (2003): 119–67. http://dx.doi.org/10.1017/s0021223700012425.
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AbstractTraditional legal doctrine pictures land ownership in the form of a cone down to the center of the earth. This article suggests that it is desirable for the law to enable subsurface subdivision into separate, three-dimensional property units, constituting separate subjects for title and transactions. Thus the law would contribute to the public interest in recognizing the subsurface space as a separate property unit from both the functional and the planning aspects.Before three-dimensional registration can begin, it is necessary to create an infrastructure of professional standards for three-dimensional survey for registration purposes. The creation of such standards constitutes one of the main goals of the world survey profession.It may be assumed that there is a downward limit below which the subsurface has no effect on the surface space and vice versa. In this case, the traditional doctrine may be seriously contested by the argument that those deep levels of the earth should be defined as a collective property. However, it is not practical to establish a fixed downward limit upon ownership of subsurface space. When expropriating the subsurface, it is necessary to compensate the landowner for the consequential damage, as well as for the direct damage incurred. There is some doubt whether compensation should be paid for subsurface area that the landowner could not reasonably and practically exploit. As soon as the axiomatic impediment to three-dimensional subdivision is removed, the importance of long-term planning for subsurface use will increase.
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Brown, Jonathan. "Res Religiosae and the Roman Roots of the Crime of Violation of Sepulchres." Edinburgh Law Review 22, no. 3 (September 2018): 347–67. http://dx.doi.org/10.3366/elr.2018.0503.
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Violation of sepulchres is a common law crime in Scotland. This crime ensures that interred human corpses are not subject to the ordinary laws of property, but are instead protected under this distinct heading of law. While it now appears settled that a corpse can be stolen prior to interment, it remains unclear if a corpse which was once buried, but has since been lawfully removed from its grave, remains incapable of being stolen, or if it becomes susceptible to theft again when exhumed. This article suggests that the latter occurs in Scots law since a res religiosa – an object not subject to the ordinary rules of property – is created when the body is placed in its grave. This suggestion draws on the connection between the contemporary crime of violation of sepulchres and its Roman ancestor, the crimen violati sepulcri. The article suggests that though the overtly religious overtones of the term ‘res religiosa’ appears to be at odds with an increasingly secularised society, the law surrounding res religiosae functionally explains the absence of ‘property’ in buried bodies, thus providing a logical basis for the proposition that an unburied body may be stolen, but a buried body may not be.
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Boyle, Joseph. "Fairness in Holdings: A Natural Law Account of Property and Welfare Rights." Social Philosophy and Policy 18, no. 1 (2001): 206–26. http://dx.doi.org/10.1017/s0265052500002843.
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In this essay I will try to develop a natural law justification of welfare rights. The justification I will undertake is from the perspective of Catholic natural law, that is, the strand of natural law that has been developed theoretically by Roman Catholic canonists, theologians, and philosophers since Aquinas, and affirmed by Catholic teachers as the basis for most moral obligations. Catholic natural law is, therefore, natural law as developed and understood by Catholics or others respecting Catholic traditions of inquiry. It is not, however, primarily or exclusively natural law for Catholics, since the very idea of natural law includes the conviction that it is accessible in principle to anyone.
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Szczygielski, Krzysztof. "ROMANISTYKA POLSKA W LATACH 1918-1945 (PRZEGLĄD BIBLIOGRAFII)." Zeszyty Prawnicze 10, no. 2 (December 23, 2016): 355. http://dx.doi.org/10.21697/zp.2010.10.2.22.
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ROMAN LAW STUDIES IN POLAND IN THE YEARS 1918-1945 (REVIEW OF BIBLIOGRAPHY) Summary In Roman law studies in Poland there is no complete list of the works published in the years 1918-1945 by scholars dealing with Roman law. The scientific output of the Polish researchers was presented by Rafał Taubenschlag in the article, Gli studi di diritto romano in Polonia nel secolo XX, [in:] Gli Studi Romani nel Mondo, volume III, Roma 1936, p. 247-268, but he focused mainly on discussing the major works. An attempt to show the achievements of Roman law studies in Poland on a comprehensive basis was undertaken by Juliusz Wisłocki, Dzieje nauki prawa rzymskiego w Polsce, Warsaw 1945, but his study is highly incomplete. The analysed period witnessed the emergence of lots of valuable works concerning the history and the institutions of Roman law in the form of monographs, articles published in many domestic and foreign periodicals, studies on particular occasions, encyclopedic dictionaries and reports on the activities of scientific societies. The problems related to the law of the ancient Rome were dealt with not only by the Roman law researchers but also by legal historians and classical philologists. The works were presented according to the following sections: I. General works, textbooks and scripts; II. Ancillary publications; III. History of sources; IV. Civil procedure; V. Law of Persons and legal proceedings; VI. Family law; VII. Law of Property; VIII. Law of Obligations; IX. Law of Succession; X. Criminal law and procedure; XI. Public law; XII. Philosophy of law, methodology and political and legal doctrines; XIII. Importance of the Roman law; XIV. Evaluation of the output of Roman law scholars.
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Godek, Sławomir. "KILKA UWAG O BADANIACH NAD ROMANIZACJĄ STATUTÓW LITEWSKICH." Zeszyty Prawnicze 2, no. 2 (March 28, 2017): 71. http://dx.doi.org/10.21697/zp.2002.2.2.04.
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SOME REMARKS ON THE STUDY OF THE ROMANIZATION OF LITHUANIAN STATUTESSummary The article is dedicated to the issues connected with the reception of Roman Law in the Lithuanian statutes of 1529, 1566, and 1588. After an analysis of the existing scholarly accomplishments in the field, one cannot but conclude that the study of the influence of the Roman Law on Lithuanian codifications has hardly been started yet. Despite the fairly long tradition of research in this field, so far only selected elements of the first and second statutes have been analyzed in order to identify Roman constituents. The research carried out in 1930s by Raphael Taubenschlag, Franciszek Bossowski, and Karol Koranyi demonstrated which Roman Law noticeably influenced the statutory regulations pertaining to family law, law of property, law of succession, criminal and procedural law. Their observations partly confirmed the findings previously made in the nineteenth century by Aleksander Mickiewicz, Franciszek Morze, and Ignacy Daniłowicz. At the same time, nothing is still known about the scope of Romanization in the third Lithuanian statute or about the transformations which Roman elements underwent in each of the statutes. Without further study of the subject, one cannot assess the role of Roman law in the Commonwealth (Rzeczpospolita).It seems that the most fertile ground for identification of Roman elements in the third Lithuanian statute is tutorship and succession law, especially testamentary succession. Some interesting and original observations could be made on the basis of a more thorough comparative analysis of the pertinent Roman and Lithuanian regulations.