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Call in of the testament and other options in case of death in roman law
Tomanová, Alena ; Skřejpek, Michal (advisor) ; Falada, David (referee)
This rigorous thesis characterises the last will and testament in the event of death in Roman law. The first part of the thesis deals with the testament and alternative acquisitions in the event of death. The first chapter explains the concept of the testament, its types, its forms and the compulsory necessities. The conditions for appointing someone as a heritor, the testamentary capacity, the disinheritance of an offspring and also the invalidity of the testament and its nullification are also defined in this chapter. The second chapter describes the alternative acquisitions in the event of death where we can for instance include legaty, fideicommissum, codicils and donation in the event of death. The second part of the thesis consists of presumptions for the inheritance on the base of the last will, the fundamental principles of the right of the inheritance and the concept of the inheritance. The third chapter illustrates the legal status of the successor and analyse the reversionary heir, the right of acquisition and the legal protection of the heritor and furthermore it deals with the right for recalculation. The last chapter is dedicated to an acquisition of the inheritance by virtue of the testament and legacy and the alienation of the estate and inheritance.
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The Development of the Chinese Family Law taking into account its Roman Law Aspects
Platzerová, Barbora ; Skřejpek, Michal (advisor) ; Bubelová, Kamila (referee) ; Lomová, Olga (referee)
The thesis concerns with the development of the Chinese family law during the 20th century, presents legal sources in relation to the historical development and describes the basic aspects of the Chinese family law with regard to similar aspects of the ancient Roman law. Explains the significance of the social stability in legal context from the end of the Qing dynasty up to the present, describes the importance of the neoconfucian ideology to the family law and the role of the law in the Chinese society in general. The thesis is divided into several parts, the first one begins with the period of the end of the Qing dynasty at the turn of the 20th century, describes the historical circumstances of the founding of the first Chinese Republic, explains the principles of the then family and social relations in detail, especially the structure of the traditional family, the significance of the ancestor worship, the scope of the agnatic relationship and its relation to the property rights, the importance of the marriage and the system of mutual dependency of the family members. The thesis further expounds the attempt to reform the traditional family after the 1911 revolution, the circumstances of the creation of the Civil Code, the contents of the Chapter IV of the Code and their significance to the...
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The Theory of Roman Law Servitudes
Šejdl, Jan ; Skřejpek, Michal (advisor) ; Bělovský, Petr (referee) ; Židlická, Michaela (referee)
Servitudes represent a fundamental part of private law and legal relations stemming therefrom. Their origins may be traced back to the very beginning of private law as well as to the depth of Roman law. This also characterizes the nature of servitudes in their oldest form which later develops and changes greatly. The thesis answers the fundamental question of the system of Roman law servitudes as well as their place in the overarching Roman law and their inner structure. Additionaly, attention is brougt to the manner of inception and termination of servitudes which differs according to the type of servitude, the geographical area or historical period. Lastly, the thesis focuses on the protection of servitudes, generally the most common concept in Roman law. The protection of servitudes is being achieved either throurgh bringing an action or through instruments of extraordinary magistrates, such as interdicts. Powered by TCPDF (www.tcpdf.org)
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Principles of activities of Roman officials
Šlosar, Martin ; Skřejpek, Michal (advisor) ; Falada, David (referee)
A principles of activities of the Roman officials The main objective of this thesis is to explain the principles which had formed since from the beginning of the city of Rome. Later, in the republic era, these principles had a great influence on the Roman officials and their activities. These principles also helped to form a large part of the Roman constitutional legal system This thesis describes the period of Roman kingdom and republic and principally deals with the way how the principles affected not only on the officials, but also on the Roman state and law. The first chapter focuses on the mysterious ancient culture called the Etruscans and establishment of the city of Rome. The Etruscans were very advanced culture. They stood on the beginning of the roman civilization and they inflicted its future progress in many areas of living, especially in the state administration. The second chapter devotes to the development of the Roman state administration in the early republic. In this chapter we can find a description and characterization of the Roman offices and the assistants of the officials. The third and final chapter describes the main limits, which affects all activities of the Roman republican officials. The officials were bound with many rules. Some of them had a form of the law published by the...
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Legal regulation of the finding under Roman law
Štětinová, Veronika ; Skřejpek, Michal (advisor) ; Falada, David (referee)
The purpose of this thesis is to analyze the issue of the finding under Roman law, as one of the ways of acquiring ownership to a thing. The beginning is dedicated to the description of some specifics of Roman ownership, to its subject and to the ways of acquiring the ownership law at general. The thesis focuses on three main areas - occupation, acquiring the ownership to the abandoned things and the finding of a treasure. Occupation (occupatio) is a way of acquiring the ownership of the nobody's thing via its seizure. The thesis enumerates and describes each category of nobody's things. Attention is payed to the occupation of discovered movables, to the occupation of animals, immovables and to the seizure of things that belong to the enemy. Each of these categories of things has its specifics and it is very important to separate occupation from other ways of acquiring. The next issue is acquiring the ownership to the abandoned things (res derelictae). One have to differentiate between the period of classic Roman law and between the later law from the time of the emperor Justinian. The status of abandoned things in the classical era is not clear, as well as the method for obtaining their ownership. In the time of the codification of the emperor Justinian is the acquiring of abandoned things certainly more...
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Comparison of criminal and civil trial in ancient Rome
Kusala, Svätopluk ; Skřejpek, Michal (advisor) ; Falada, David (referee)
Mgr. Ing. Svätopluk Kusala: Comparison of criminal and civil trial in ancient Rome (Rigorous thesis) / Mgr. Ing. Svätopluk Kusala - Charles University in Prague. Faculty of Law, Department of History of Law - Supervisor: Prof. JUDr. Michal Skřejpek, DrSc., Degree of Qualification: Doctor (JUDr.). Prague: FP, UK, 2014, 126 p. The objective of this thesis is comparison of civil and criminal trial in ancient Rome. Thesis is divided into five chapters. The first chapter characterizes the proceedings in case of legis actio and comicial trial. Subsequently, the common characteristics as well as differences are identified. The second chapter analyses the course of per formulas proceedings in private trial and activity of juries (quaestiones perpetuae). Common characteristics and differences between civil and criminal proceedings are described as well. The third chapter features analysis of extraordinary proceedings (cognitio extra ordinem) emerging during the Emperor era, when two trial types for criminal and private law from previous periods got replaced by only one type of trial. Proceeding specifics are explained in terms of civil and criminal trial. The fourth chapter focuses on analyzing the defined procedures in case of applying extrajudicial means, following completions of civil law by roman...
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Nominal Collocations in the Italian Civil Code
Tomaščínová, Jana ; Radimský, Jan (advisor) ; Štichauer, Pavel (referee) ; Skřejpek, Michal (referee)
The thesis deals with different aspects of nominal collocations in Italian legislation, respectively in the Italian Civil Code (codice civile). The introductory part focuses on theory and is divided into two areas. The first area covers the most important legal and linguistic issues of the language of law and its lexical means. The description of individual legal texts according to their functional styles is drawn from an analysis of individual functions of law as a complex social phenomenon. The practical part of the thesis focuses on three groups of issues. First, all excerpts were subject to the grammatical, syntactic and conceptual analyses. The second and third chapters deal with an analysis of the main issues from the perspective of translation and lexicography respectively. Special attention is paid to the existence or absence of an identical concept in both the Italian and Czech legal systems, differences in the content and scope of related concepts and potential equivalents.
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Main Principles and Elements of Roman Procedural Law
Škeříková, Jana ; Skřejpek, Michal (advisor) ; Blaho, Peter (referee) ; Židlická, Michaela (referee)
My doctoral thesis is focused on the main principles and elements of Roman procedural law. However, during my research I realised the terms are very similar. One of the main points of my thesis is dedicated to the constitutional system of Roman republic and its norms, including the very important law codex, the Twelve Tables Law. Moreover, I take the Justinian Codification of Roman law into focus. A very important source is also antique literature, texts of prominent lawyers and various types of administrative acts. A vast inspiration can be found in many European museums. The main principles and elements are applicable to actions, defendants and plaintiffs, to judicial hearing and to the days when judicial hearings could be held. I focus on principle of equity, good faith, and necessity of defense, res judicata, principle of appellation, pecuniary condemnation, and principle of assessment of evidence. The last chapter reviews other principles. It is also important to mention that different types of procedural cases are specific in their own way. I focused on describing the differences as well. My thesis analyzes seven most important principles. The first and the most important one is equity. My research shows that this principle is common to all areas of roman procedural law. I tried to explain...
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A political struggle of plebeians between 494 and 287 B.C. and its reflection in the Constitution of the Roman Republic
Žůrek, Jan ; Skřejpek, Michal (advisor) ; Falada, David (referee)
This thesis is concerned with a particularly interesting period in the history of the Roman Republic. The period is called the Struggle of the Orders. The epoch is characteristic by turbulent conflict of two social groups competing for political, economical and social rights in the ancient Roman state. The most prevalent source among others for this thesis is work by historian Titus Livius Patavinus, Ab urbe condita. The study is divided into three chapters, taking into account the different phases of the struggle. The aim of this work is to describe and analyze the critical points of the patrician-plebeian political fight and also illustrate how the struggle affected the constitution of the Roman Republic. The first chapter deals with a several problems in the early Roman Republic: public land, creation of two important plebeian magistrates - tribuni plebis and aediles plebis, oldest agrarian law, plebeian assembly, importance of the Law of the Twelve Tables and Valerian- Horatian laws. The second chapter focuses on Canuleian law, introduction of consular tribunes, case of Manlius Capitolinus and its consequences and finally describes Licinian Sextian laws. The third and final chapter of this study analyzes debt situation of that time, laws of Publilius Philo, Ovinian law, Ogulnian law and concludes with...
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The Persecution of Christians in Ancient Rome
Lenský, David ; Skřejpek, Michal (advisor) ; Falada, David (referee)
1 ABSTRACT The topic of this thesis is the persecution of Christians in Ancient Rome. The paper describes historical circumstances that led to the persecution, explains the reasons and social background that made the persecution viable and provides a list of legal instruments that were used by the Roman institutions during the course of the persecution. The early Christian history was marked by the persecutions striving to suppress or even eliminate this newborn religion. Oppression during the times of Roman emperors first occurred in the course of Nero's reign and peaked after Diocletian came to power. It was directed not only to the opposition of Christians to recognize the official cult of the gods, but was also politically motivated because the Roman emperors were not to succumb to the idea of nonconforming citizens. The thesis consists of 8 chapters. The first chapters contains the introduction of the thesis, the second chapter consists of a short digression into the traditional Roman religion describing its characteristical features and the relationship between Roman people and their gods. This chapter also presents some cases of state intervention against different religions and cults. The end of the second chapter deals with the Christianity itself and the way it is different from the traditional...
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