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Res extra commercium
Ulrych, Karel ; Skřejpek, Michal (advisor) ; Falada, David (referee)
Res extra commercium The purpose of this thesis is to analyse one category of things - things outside commerce (res extra commercium) in Roman Law, especially one of the main classes of these things, things in divine ownership (res divini iuris). The thesis consists of four chapters, which are further subdivided into parts. First chapter describes basic methods of dividing things in the system of the Roman Law, thus defining the topic of this thesis. Second chapter, which constitutes the main and the longest part of the thesis, deals with religious things (res religiosae). After the first subchapter, which contains basic demarcation of res religiosae, follows the second subchapter, which focuses on legal status of these things. Within its framework are also addressed some issues and concepts common to all three categories of the things in divine ownership. Third subchapter contains the analysis of the legal relations of the persons concerned with religious things. In the fourth subchapter is explanation of the actio funeraria, which was used for the settlement of expenses among persons who arranged a funeral, and persons, who had the obligation to cover the costs of that funeral. Finally, the fifth subchapter concentrates on the protection of res religiosae and protection related to them - on the protection...
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Judicial Responsibility and Limits of the Decision-making Process in Roman Law
Havel, Tomáš ; Skřejpek, Michal (advisor) ; Falada, David (referee)
The aim of the thesis is to highlight various legal institutions which have carried over into modern times from Roman law and at the same time to provide a historical perspective for the on-going discussion about the changes in contemporary Czech justice. The main subject of the thesis is the responsibility of a judge and the limits of the judge's actions during the period of Roman republican law. Although the primary focus of the thesis is civil law, excursions into penal law as well as into the law of the Roman Empire are necessary in order to maintain the integrity of the text.
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Roman marriage with an accent on the property relations
Lukáč, Petr ; Skřejpek, Michal (advisor) ; Falada, David (referee)
This rigorous thesis deals with Roman marriage with an accent on property relations. The primary purpose of the thesis is to analyze Roman marriage. The secondary purpose of rigorous thesis is to illustrate property relations in roman law between husband and wife. The introduction describes everyday life in the Roman custom of a village and then the population in a Roman village. The thesis briefly compares marriage in ancient Rome with a legislation of cultures older than the Roman one. The thesis closely examines the obstacles that prevented conclusion a legitimate form of marriage. Subsequently, the thesis describes two forms of marriage, first the older form of matrimonium cum in manu conventione and then younger form (more liberal) matrimonium sine in manum conventione. Another chapter defines the ways of marriage derogation. The secondary aim of the thesis, property relations between spouses, deals with property relations for the reason of life and for the reason of death (inheritance). The general reason is that marriage is and has always been connected with the adjustment of property relations of both parties who enter into marriage. Closuring marriage creates a property community of the participants (Alliance of property). The next chapter contains property - legal relationship of the children. The...
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Capitis deminutio minima
Stloukalová, Kamila ; Skřejpek, Michal (advisor) ; Falada, David (referee)
Capitis deminutio minima The purpose of my thesis is to analyse the institute called the capitis deminutio minima. In this respect, it is primarily necessary to describe the meaning of the word caput for the understanding of the whole topic. The first chapter deals with the explanation of the above-mentioned term. The caput of a human being has in Roman Law three elements: the status of liberty, of citizenship and of family, and the subdivisions of the first chapter correspond to it. There, the first subchapter focuses on the persons who are free and those who are slaves; the latter were not considered to be legal persons at all. The following subchapter characterises the rights and duties of Roman citizens and the situation of the foreigners. The last subchapter contains basic information about the Roman family and its members, who are divided into two cathegories - the sui iuris and the alieni iuris. At the beginning the text describes the position of the head of the family (the pater familias), and his powers. The following text examines the conditions of those who are subjected to the authority of the pater familias. The last part of the text demonstrates the importance of religion in the daily life, both for the family and the whole society. The second chapter contains the description of the capitis...
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Financial the Administration of Sicily as a Roman Province
Hejda, Josef ; Skřejpek, Michal (advisor) ; Falada, David (referee)
This work aims to introduce readers to the Roman administrative and financial law. These laws are closely related to the development of Roman law as such and with its transformation from a small city-state to the land state and finally to a large empire with vast territories on three continents. During this evolution can be observed increasing demands on the state administration and various approaches to the territorial organization of the empire. On the one hand Italian territory was initially given priority as the Roman homeland, on the other hand were provincial units, which alone have been forced by Rome to pay taxes. In the period of dominate these differences were removed without significant exceptions. Sicily was standing at the birth of the provincial administration. Here arose the first forms of provincial rights and also appeared first practical problems of its active application. This remarkable island was a place where Rome learned to control other nations, province which funded the development of the late Republic of Rome, and a platform which helped to control the Mediterranean.
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Roman law definitions, maxims, regulas and their reflection in recent law
Thöndel, Alexandr ; Skřejpek, Michal (advisor) ; Dvořák, Jan (referee) ; Židlická, Michaela (referee)
Dissertation The Roman Law definitions, maxims, regulas and their reflection to contemporary law This dissertation is focused on research of reflection of The Roman Law sentences and definitions to contemporary Czech law and also to new prepeared legislative regulation of the new Civil Code. The research of single maxims was not mostly carried out separeted, but rather in context of single basic legal institutes. In conformity of prevailing materia of Private Law in Roman Law and not only in his original sources, but also in traditional Roman Law literature; also in this context also the content of this dissertation is focused on the Private Law, especially on the Civil Law. Comprehensibly in the context of the Private Law regulation this dissertation also touches some parties of Public Law during the researching description the single legal institutes. The chapter X. is dedicated to the relationship of the Private Law and the Public Law. On the top of it there are the basic principles of the Criminal Substantive Law researched and commented on. The comparison of the Private Law system and the public Law system is based on probably existent disparity between in general unambiguous expressed definition of law by Iuventius Celsus on the one side and by the public well known of dualistic conception by...
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The Roman Consulate
Zemánek, Jan ; Skřejpek, Michal (advisor) ; Falada, David (referee)
Účelem této práce bylo popsat úřad konzula za časů antického Říma. V první části práce je krátce popsáno založení Říma, doba královská a následně zavedení konzulátu. Jádro práce tvoří popis úřadu konzula za časů římské republiky, tedy v době, kdy byl tento úřadem nejvyšším úřadem v Římě. Dále jsou popsány pravomoci konzulů, způsob jejich volby a vymezení jejich vztahu k ostatním úředníkům. Třetí část je věnována úřadu konzulů za časů římského císařství, kdy se tento úřad stal pouze symbolem skomírající římské republiky a zůstal bez faktického vlivu, jelikož jeho pravomoci postupně přebírají císaři. Ve druhé části popisuji konzulát v době římské republiky. V kapitole 2.1. popisuji genezi pojmu konzulové, dále uvádím popis magistratur a jejich dělení. V kapitole 2.2. popisuji úřad konzula, kde je zařazen do skupiny nejvyšších magistratur. Další podkapitola 2.1.1. popisuje postavení konzulů ve státě a podkapitola 2.2.2. popisuje volbu konzulů a je zde uvedena zmínka o zákonu Lex Villia annalis. Kapitola 2.3. se věnuje působnosti konzulů. Čtenář zde nalezne výklad klíčového pojmu pro popis konzulské působnosti - pojem imperia (podrobněji se mu věnuje podkapitola 2.3.1.) Následující podkapitola 2.3.2. popisuje pojem kolegiality jako jeden z pojmových znaků konzulského úřadu. Dále popisuje také důsledky...
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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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Procedural time-limits in Roman law
Pešková, Jana ; Skřejpek, Michal (advisor) ; Falada, David (referee)
Procedural Periods in Roman Law Submitted thesis is focused on chosen questions of procedural periods in Roman law. It is too focused on chosen institutes of roman procedural law. Firstly the thesis dissertates about general information and about and progress of roman procedura law. The relation of roman procedural law to singular procedurals periods was emphasized in the introduction. The crucial part of this opening leans in analysis of singular judicial magistrates. Further the contexture for individual procedural parties was mentioned. The main part of thesis describes separates procedura periods in detail. It makes through particular roman-law institutinos which are alone influenced by procedural periods. The single chapter disserts on prescription of rights, preclusion and temporal character of some actions. These law institutions are very important. It is also crucial in contemporary law. This chapter follows on discourse about executory periods. The final part of thesis is created by question of time and its computation, especially in law and in standing roman life. It was also very necessary to bring in some information in which is not visible relation to the topic because of creating of logical complex instead of lonely collection of articles without sequence. Only due writing of the...
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Legal status of women in Roman law
Němcová, Monika ; Skřejpek, Michal (advisor) ; Falada, David (referee)
English abstract Legal status of women in Roman law This rigorosum thesis deals comprehensively with problematics of the position of a woman as a legal subject in the Roman law. The thesis is divided in three main chapters whereas the first one deals with the historical events and legal regulations that influenced the position of a woman in individual periods of the Roman state system, in a Roman family as well as in the entire society. The second chapter is devoted to the competence of a woman in the Roman law, mainly to the legal personality, capacity, legal as well as procedural competence. In this connection, the subchapter deals with the position of a woman as a person alieni iuris and sui iuris and the institute of guardianship of adult women in the sui iuris position. The third chapter is focused on the legal position of a woman in a Roman family. It analyzes the roles that a woman could play in a family gradually. It means the role of a daughter, wife, mother, and widow whereas the largest emphasis is placed on the position of a woman in the Roman marriage and related institutions. The extramarital forms of coexistence such as concubinatus and contubernium and the problematics of property law between spouses are not left out. The semifinal chapter concentrates on the legal position of a woman in...
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