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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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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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The Status of Women in Roman Law
Bérešová, Jana ; Bělovský, Petr (advisor) ; Falada, David (referee)
RESUMÉ The purpose of my thesis is to analyze the position of women in Roman law. The thesis is composed of seven chapters, each of them dealing with different aspects of life of women in ancient Rome. First, it shortly describes sociological reasons of the legal differences between men and women and in chapter two its major consequences. Chapter Three describes the position of woman in her family, mainly patria potestas, which played, along with the marriage, the most important role in woman's life. Part two, concerning marriage, first describes the marriage itself and then its ending, divorce or widowhood and also mentions remarriage. Last part of this chapter looks at problems concerning relations between men and women outside marriage, concubinage, prostitution and the final subpart deals with the problem of sexual offences. Chapter four is subdivided into three parts focused on the property of women. First part illustrates main issues concerning the dowry. Then second part, property of married couple, analyze in its subchapters making gifts between husband and wife and finally, the liability on obligations. The third part describes the guardianship of women, tutela mulierum. Chapter five provides an outline of legacies. First part is about problems arising from testamentary succession. This part...
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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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Constitutional development of Frankist Spain
Hošková, Hana ; Falada, David (referee) ; Seltenreich, Radim (advisor)
Development of Law and Constitution of Francoist Spain I dare to say that government of Francisco Franco is one of the most interesting periods of world history. Up to present day there are still many political scientists and historians examining it. The answer to the question why Franco raises such an interest, can be found in his uniqueness which also gave a start to a new political regiment. Presented work with name Development of Law and Constitution of Francoist Spain is devoted to period of Francisco Franco's government in Spain. Its main purpose is to describe in details constitutional arrangements in this period and to define which precepts of law were the fundamentals. The interpretation is put in the historical contexts for better understanding. One of the chapters is devoted to period of Francisco Franco's government itself. It is divided to three subchapters. First subchapter concentrates on primary period which I define by years 1936 to 1947. Second part of this chapter is devoted to so-called period of regiment's stabilization between the years 1948 and 1968. Final part is composed of period which began by year 1969 when the crisis of Franco's regiment started and it ended by the death of Franco or to be more specific by declaration of Juan Carlos as Spanish king in the year 1975. This work is...
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Concept of legal personality in Roman law
Bayer, Tomáš ; Bělovský, Petr (referee) ; Falada, David (advisor)
(resumé) The Concept of Legal Subjectivity in Roman law The goal of this thesis is to present the concept of legal subjectivity and legal capacity in Roman law and to demonstrate how this subject is connected with essential issues in Roman law such as citizenship, personal freedom and personal status. The first part of the thesis introduces the concept of legal subjectivity and offers definitions and descriptions of legal subjectivity and legal capacity provided by reputable legal experts and historians. The second part of the thesis focuses on the legal subjectivity of natural persons and consists of several chapters which further elaborate on specific subchapters to the main topic of the second part; specifically: citizenship, personal freedom, slavery and personal status in the Roman family. The concept of Capitis Deminutio, which is so specific to Roman law and non existent in modern legal systems, is also discussed in this part of the thesis. The second part also attempts to shed light on the abundantly discussed topic of the legal position of women in Roman society My endeavour was to point out that laws governing women, which would be considered discriminatory by today's lawyers, were functional and naturally accepted in Roman society. An explanation of the Roman legal institutions of...
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