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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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Lex Aquilia and delict damnum iniuria datum of roman law
Svátek, Jan ; Falada, David (advisor) ; Šejdl, Jan (referee)
I Lex Aquilia and delict damnum iniuria datum of roman law Abstract The subject of this thesis is the Lex Aquilia and the delict of unlawfully caused damage (damnum iniuria datum) contained in this law. The aim of the thesis is a comprehensive analysis of the Lex Aquilia as one of the most important Roman laws and the introduction of damnum iniuria datum contained in it as a universal delict for cases of damage claims in a wide range of cases of killing animals or slaves, cases of damaged things or complete destruction of property. The first part of the thesis serves as an explanation of key concepts from a general point of view, which are necessary to grasp the subject. The concepts of obligation and delictual liability, Roman categorisation of delicts into delicta privata and crimens, and the role of lawsuits (actio) and standing in Roman law are introduced. Furthermore, the sources of the regulation of delict law, primary sources including the Corpus Iuris Civilis, and also various authors most notably Roman lawyer Ulpian, are presented in a brief manner. The aim of the work is achieved in the second part of the thesis by analysis of interrelated institutes, whether they are specific lawsuits of the Lex Aquilia, or introduction of diverse ways of committing this delict by killing (occidere), damaging the...
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Development of Lien in Czech countries
Kopáček, Jakub ; Bělovský, Petr (advisor) ; Šejdl, Jan (referee)
1 Development of Lien in Czech Countries Abstract The diploma thesis examines the development of lien in the Czech countries. The first part is focused on the theoretical description of the laws of lien from the point of view of today's legal theory. The theoretical description shall help the reader with better orientation and understanding of the basic principles of the lien, which developments are examined in the following parts. One of the main goals of the diploma thesis in the second part is to describe the development of lien, using the description method. The development of lien is described from its beginnings in Roman law which fundamentally shaped the next development of lien, through the Middle Ages, where the laws of lien were partly fragmented, until current legislation which mostly follows the Roman law heritage. In the second part of the diploma thesis, the main emphasis is placed on the development of lien after the year 1811, where are also considered the significant social and economic events in the history of the Czech countries, which visibly shaped the forms of lien. The obtained data are further used in the third part of the diploma thesis for the comparison of the three main Czech civil law codes, namely Act No. 946/1811 Coll., the General Civil Code, Act No. 40/1964 Coll., the Civil...
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Analysis of the adoption of selected principles of the Roman inheritance law in Central Europe
Macek, Dominik ; Šejdl, Jan (advisor) ; Falada, David (referee)
Analysis of the adoption of selected principles of the Roman inheritance law in Central Europe Abstract The diploma thesis deals with the analysis of selected principles of Roman inheritance law and their reception in the legal systems of Central Europe, specifically in the Austrian General Civil Code of 1811 and the Czech Civil Code of 2012. It does so through the study of ancient legal sources, modern Roman law literature, modern laws and relevant commentary literature. To compare the application of Roman law principles in modern law, the principle of compulsory share and the principle of nemo pro parte testatus, pro parte intestatus decedere potest were chosen. Since the reasons of delatio hereditatis and the principles belonging to them represent one of the pillars of the theoretical structure of inheritance law, it is appropriate to stress their Roman law roots. The reason for this examination is also the fact that in many modern codifications of civil law, Roman law is highlighted as an ideal model, and it is therefore necessary to examine whether modern legislation is really influenced by Roman law and whether it is not just a pleasing proclamation by the legislator. The diploma thesis deals with the development of the mentioned principles in the Roman history and also with exceptions from these...
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Roman law aspects of acquiring poperty in the Civil code
Kadlecová, Tereza ; Bělovský, Petr (advisor) ; Šejdl, Jan (referee)
Roman law aspects of acquiring property in the Civil Code Abstract The thesis deals with the modes of acquiring ownership in the Czech Civil Code, Act No. 89/2012 Sb., as well as in the Roman law. The aim of this thesis is to find the Roman- law context in the modes of acquiring ownership regulated by the current Civil Code. The thesis is divided into three parts, the first deals with the ownership in general, the original modes of acquisition of ownership are analysed in the second part, and the derivative modes of acquiring of ownership in the third. The aim of this thesis is not to describe all possible modes of ownership acquisition in detail, but to briefly introduce them and compare the above- mentioned legislations. The Civil Code is based on principles of Roman law. It is, however, understandable that the current legislation is different from the Roman law, as the Civil Code was adopted almost fifteen centuries after the famous Justinian codifications. The thesis describes the original modes of acquiring ownership. The original modes according the Civil Code include appropriation, discovery, natural accession (incl. accession of an immovable thing, alluvium and tear-off, and accession of movable things incl. acquiring fruits), mixed accession (incl. sowing and planting), artificial accession (incl....
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Property relations of spouses in the period of the Emperors Augustus and Justinian I.
Juklíčková, Klára ; Falada, David (advisor) ; Šejdl, Jan (referee)
Property relations of spouses in the period of the Emperors Augustus and Justinian I. Abstract The topic of this thesis is the property relations of the spouses in Roman law during the reign of Emperors Augustus and Justinian I. Marriage is generally an important legal institute, which can be viewed from different points of view. Legal regulation of marriage was included also in Roman law. Since the Roman marriage was very specific, it was relatively often undergoing major or minor reforms. The aim of this thesis is to analyze the property situation of spouses during the reign of Emperors Augustus and Justinian I. Emperor Augustus came to power in 27 BC, in the time, when the institute of marriage and family was declining in importance and the whole Roman society was in a crisis. On the other hand, the religious-minded Justinian came to power in 527 AD. At this time the state religion was Christianity. The thesis is divided into six main chapters. The first chapter gives a general view of the institute of marriage. The second part of the first chapter focuses on Roman marriage. The second chapter explains the basic legal institutes of matrimonial property law. The third chapter deals with the historical development of the Roman Empire. Coming to power of Emperor Augustus is discussed at the end of this...
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Crimen falsi and the related facts of crimes
Ullmann, Jan ; Skřejpek, Michal (advisor) ; Šejdl, Jan (referee)
Thesis title: Crimen falsi and related facts of crimes This thesis with the name "Crimen falsi and related facts of crimes", represents the complex analysis of a development of four mutually very closely interconnected crimes - crimen falsi (the crime of deceit), crimen repetundarum (the crime of abuse of official authority to the personal profit), peculatus (the crime of theft of a public or sacred property) and stellionatus (the residual crime, including any other deceitful act), three public crimes and one extraordinary crime, which can not be classified as crimen, nor as delictus. This thesis starts with the analysis of development of roman criminal law in the age of kings, where the author researches beginnings of the criminal process and the legislation of crimes, which can be described as predecessors of analysed crimes. In the time of the early Roman republic and institutioning of the Law of the twelve tablets is the research of beginnings of analysed crimes supported by the analysis of individual criminal proceedings, within which were judged crimes, which were later parts of factual bases of analysed crimes. Crucial part of the thesis is the analyse of legislation on analysed crimes from the time of the territorial and power growth of the Roman republic, mainly in the first century before...
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Reforms of Emperor August
Němec, Jakub ; Skřejpek, Michal (advisor) ; Šejdl, Jan (referee)
The goal of this thesis is to summarize and describe August's accession to power and his legal reform in the spheres of the administration of the empire, financial administration, military, justiciary and family law. It is fascinating how one man during the period of his government managed to change all the political arrangements of the most powerful empire in the world in such a way that determined its direction and the development of the constitutional system for centuries ahead. The truth is, there was enough time for that. If August's government counts from the Battle of Actia, it took 45 years. No other emperor ruled the Roman Empire longer than him. This brought him the possibility to carry out all the reforms individually and gradually and he was very careful so that all his actions would make the appearance of continuity with the old republican system, and could not therefore be accompanied by any revolt by his contemporaries, although from the present perspective, these reforms in their totality were revolutionary indeed. However, we can also say that, with exceptions, such as the strong opposition of the population with his laws on family relations, these changes have been accepted peacefully. Indeed, this was also given by the fact that the company was already tired of a period of constant unrest...
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Women in Roman criminal law
Karafiátová, Petra ; Skřejpek, Michal (advisor) ; Šejdl, Jan (referee)
Woman in Roman Criminal Law Abstract This thesis deals with several topics of Roman Criminal Law that pertain mainly to women, such as the criminal prosecution of adultery or the crimes of the Roman Vestal Virgins. Its main focus is on crimes where women were the only, or predominant perpetrators. Another field of interest in this study are crimes for which women used to receive different or worse punishments than men. In a wider context, this thesis focuses on the life of women in the Ancient Rome, on the many ways their status and roles in the society changed with the passing centuries, and on the ways how this was all reflected in the Roman Criminal Law. The main topics of interest include adulterium (adultery), abortus (abortion), lenocinium (pandering), stuprum (debauchery) and crimen incestum (crimes of the Vestal Virgins). Chapter One, The Changing Status of Women in Roman Society, serves as a general introduction to the main topic of this thesis. It shows the changing position of women in Roman society, with a focus on the transformation of the meek, obedient Republican matron into the wild, openly sexual creature that was the woman of the Late Republic and Early Principate. Chapter Two, Extramarital Relations, deals mainly with the topic of adultery and its punishment. Its main focus is on the...
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Roman Law elements of servitutes in law of chosen european countries
Šejdl, Jan ; Falada, David (referee) ; Bělovský, Petr (referee)
Shrnutí anglické: The work deals with the impact of Roman-law studies of servitudes on selected legal orders of continental Europe, particularly on French and Italian law however in certain aspects also on other middle-European legal orders. Content of the work specializes in general problems of the servitudes in these legal orders, thus in the methods of their basic definitions, their inner classification and systematic categorization within the subject of private law. Powered by TCPDF (www.tcpdf.org)
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