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Static and Dynamic Aspects of the Roman Family
Stloukalová, Kamila ; Bělovský, Petr (advisor) ; Salák, Pavel (referee) ; Šejdl, Jan (referee)
Static and Dynamic Aspects of the Roman Family Abstract: The thesis deals with Roman family law, the core of the research being the Roman family in the Republican era and the beginning of the Principate. However, the archaic rules of regal period on one hand, and of the period of Dominate or even of the times of Justinian on the other, can also be included to present the overall picture of the development of a certain institution. Three main research goals are outlined in the introduction of the work to be reached throughout the following three chapters. The first goal is to define the term of the Roman family; the second is to connect theory and practice, i.e. so-called law in books and law in action. Therefore, we shall first analyze the legal rules and then compare these theoretical findings with their practical application. The practice shall be ascertained mainly from the non-legal sources of literal or epigraphic character. The third goal is to utilize an interdisciplinary approach, i.e. to use the outcomes, methods, and procedures from the research fields other than legal sciences to deepen our knowledge of the Roman family. The first chapter (Family in Ancient Rome) focuses on the Roman family from different points of view. The polysemous terms familia and domus are analyzed. Familia signifies...
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Character of ownership in Roman law and Civil law
Termerová, Veronika ; Bělovský, Petr (advisor) ; Šejdl, Jan (referee)
The nature of ownership in Roman and Civil Law Abstract This thesis focuses on the examination and analysis of the legal institution of ownership, with particular emphasis on its historical roots in Roman law and its current representation in the Civil Code of 2012. The work aims to explore and compare theoretical approaches to the definition of ownership, both in terms of its historical development and in the context of the modern legal system, especially in relation to the institutions of possession and detention. At the same time, the work analyses the protection of property rights from a legal perspective and seeks to determine how the protection of property rights is implemented in practice and how this legal institution is protected in the event of a conflict of interests. As part of this analysis, the thesis focuses on selected aspects of the legal institution of ownership, using for comparison both classic sources of Roman law and modern legislative texts such as the Digesta seu Pandectae, Gaius' Institutes, and the Civil Code of 2012. From a methodological perspective, the work is divided into three thematic sections: a general overview and theoretical approaches to ownership, the mutual relationship and differences between the institutions of ownership, possession, and detention, and the...
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Contract of sale in Roman and contemporary law
Šicnerová, Jana ; Bělovský, Petr (advisor) ; Šejdl, Jan (referee)
Sales contract in Roman Law and Contemporary Law Abstract This thesis deals with developing the sales contract from the times of Roman law. It chronologically describes its evolution from the inception of emtio venditio to the current legal regulation of the sales contract in Act No. 89/2012 Sb., the Civil Code. The thesis is divided into eight parts; firstly, it discusses the historical development of the sales contract, then it examines the sales contract (emtio venditio), and in the subsequent sections, it analyzes the sales contract under Act No. 40/1964 Sb., the Civil Code, and its amendments, Act No. 513/1991 Sb., the Commercial Code, and the currently valid Act No. 89/2012 Sb., the Civil Code. The aim of this thesis was to determine the extent to which the current legal regulation concerning the sales contract is inspired by Roman law, as well as to provide a comprehensive analysis of the evolution of the institute of the sales contract and a comparison of the differences within the aforementioned legal provisions. The thesis mainly describes the essential elements of the sales contract and the obligations of the seller and the buyer. Keywords: Roman law, sales contract, Civil Code.
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The principle of superficies solo cedit in historical context
Čižinský, David ; Šejdl, Jan (advisor) ; Bělovský, Petr (referee)
Principle of superficies solo cedit in historical context Abstract This diploma thesis deals with the principle of superficies solo cedit, which expresses the principle that all things, especially built structures, which are located on land and are firmly connected to the land, belong inseparably to the land and are part of it. The first part of the thesis aims first to give an overview of the understanding of rights in rem in Roman law. It then focuses on the origin of this principle and its expression in various Roman law sources and texts. For these sources, a brief outline of their origin, dating and general characteristics is always given. The Roman law tradition is deeply rooted, particularly in continental Europe. It is therefore not surprising that the superficies principle was included in the General Civil Code from 1811. The Czech legal system is, however, one of those in which the Roman law tradition was abandoned and the superficies principle denied for decades. For that reason, the second part of the thesis focuses on the various civil law codes in the Czech territory, their basic characteristics and a comparison of their attitudes towards property rights, construction and land. The third part of the thesis deals with the origin of the Civil Code, the return of the principle of superficies solo...
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Selected general issues of servitude under private Roman law
Šejdl, Jan ; Skřejpek, Michal (advisor) ; Bělovský, Petr (referee)
ZÁVĚR Výše bylo pojednáno pouze o jedné části obecných nauk služebnostních, mnoho otázek a kapitol ještě zbývá a mělo by být odpovězeno, a proto snad není úplně jednoduché činit v dané situaci jakýchkoli závěrů. Je však možno učinit jisté shrnutí několika nejzávažnějších poznatků. Služebnosti nelze považovat za jednolitou skupinu. Rozdíly je nutno spatřovat nejen ve formě jejich dělení a na to návazné platnosti některých zásad, či naopak jejich neplatnosti, ale i v pojmové rozmazanosti samotného pojmu služebnost - servitus. Z výše uvedených důvodů také není možno považovat za úplně šťastné seskupení klasických služebností (pozemkových) a osobních užívacích práv, ač vzhledem k době vzniku této systematiky se jedná o krok do jisté míry oprávněný a pochopitelný. Skupina služebností je ve skutečnosti (a i historicky) skupinou mnoha jednotlivých oprávnění, které vzhledem ke svým více, či méně podobným vlastnostem, či snad nevysloveným zásadám, byly zařazeny pod jednotící pojem a do jisté systematiky, která z nich vychází a která se stala formou pro tvorbu později vznikajících služebností. Obecné normy pro služebnosti, či věcná břemena jsou proti tomu plodem ryze moderním. Jak samotný zákon XII tabulí svědčí, služebnosti náleží mezi jedna z nejstarších práv, jež v Římě existovala. O stejné skutečnosti také svědčí...
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Greek and Roman reformers
Grigoryan, Hračja ; Skřejpek, Michal (advisor) ; Bělovský, Petr (referee)
The goal of this thesis on roman and greek reformers was to create a methodical summary of the most important constitutional reforms in ancient Rome and Greece. It is mostly focussed on the history of ancient Rome or Roman reformers, respectively. I call these reforms constitutional for their undoubted life-changing impact on the society as a whole - some of the reforms changed the ancient societies for the upcoming decades and even centuries, some changed them, as I believe, forever. For example a struggle between Lucius Cornelius Sulla and Gaius Marius had a far- reaching impact on Rome as too much of "unbreakable" rules were broken - which, of course, led to another and another heavy and unprecedented interventions which ultimately led to the fall of the republic and the beginning of the new, Imperial, era. Main sources of this thesis are the texts of ancient authors, such as Plutarch Suetonius and Appian, as it was one of my goals to use primary literature as much as possible.
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Servitudes in the Roman Law and in the new Civil Code
Heide-Hermann, Tomáš ; Bělovský, Petr (advisor) ; Falada, David (referee)
The subject of this thesis is a comparison of the provisions of the new Czech Civil Code (Law No. 89/2012 Coll.) concernig servitudes with the selected sources of th Roman law, esp. with the Digest or Pandects of Justinian, with Institutes of Justinian and Institutes of Gaius. If it seems suitable, other national civil codifications, which were influenced by the Roman law, were taken into account. The relevant rules of Roman law are selected, quoted and translated in Czech language (using not only Latin original, but also English and French translations) and set against contemporary law. In each case shall be found out what differences exist between contemporary and Roman law and what can be considered as consistent with Roman law, what can be seen as partly agreeing and what is laid down in a different manner. By means of this approach, the most important questions related to the servitudes and property rights are covered and to the provisions of new Civil Code are assesed as a whole.
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Significance of the formalisation of the conception of the roman citizen for the development of roman law
Falada, David ; Skřejpek, Michal (advisor) ; Bělovský, Petr (referee) ; Židlická, Michaela (referee)
As a pre-requisite for the Roman law to come into existence, a community of people had first to emerge; a community identifying itself vis-à-vis its surroundings. Legal norms that came into being in such community, rather simple legal norms at the time of their hypothetical origin, were gradually developed in line with the development of such community throughout the times. The outcome is an elaborated system of Roman law that communicates with us even today. The presented paper endeavours to shed some light at some profound aspects of the formation of the Roman nation on its road to the definition of the Roman citizenship. In the case of the Romans we cannot use simple definition features, such as the language (as the Latin language was shared by other peoples of the ancient Italy) or the religion (as the ancient polytheism intertwined various cultures of the given times) or a territory. The paper offers views into the combinations of the Roman culture with those other ancient cultures that shared numerous aspects with it and that had a formatting effect on it. It also addresses the role of the religion in the formatting process of the original Roman society. The result is an attempt for a definition of the Roman nation, i.e. the personal area serving the creation and development of the Roman law...
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Greek and Roman reformers
Hlavatý, Vadim ; Skřejpek, Michal (advisor) ; Bělovský, Petr (referee)
The goal of the thesis "The Greek and Roman reformers" is to establish representative summary and comparison of the actions of the most important political figures of ancient Greece and Rome, that significantly influenced the power structure of society, and also a comparison of then political systems as such. It is focused especially on concrete actions and legislative, especially constitutional, changes initiated by the selected reformers, it also deals with personal motivations and a brief biographical informations. The thesis is divided into two main parts. The first part deals with Greece, particularly Athens, and tracks the causes, origin, evolution and the victory of democracy, but also problems associated with it, and the main actors in this process, namely Solon, it's founder, who was not entirely consistent in suppressing the power of the wealthy ones, radical democrat Cleisthenes and his decisive steps towards equality and the removal of the aristocratic regime, and charismatic Pericles, who, though accused of populism and demagogy, gave a decisive impetus to the Athenian political, cultural and power development and within his epoch the democracy has achieved its peak. The second part is focused on the final period and definitive end of the Roman republic, which was, in spite of its...
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