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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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Concept of legal personality in Roman law
Bayer, Tomáš ; Falada, David (advisor) ; Bělovský, Petr (referee)
(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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Procedural time-limits in Roman law
Škeříková, Jana ; Bělovský, Petr (referee) ; Falada, David (referee)
- 105 - Summary 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...
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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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Querella inofficiosi testamenti - fundamental basis
Macek, Dominik ; Bělovský, Petr (referee)
Querella inofficiosi testamenti - fundamental basis Abstract The topic of this thesis is Roman law of succession, specifically the presentation of fundamentals of a claim in Roman law by the name of querella inofficiosi testamenti. The introduction contains questions concerning its character, specifics, position in the system of Roman law of succession, origins and guiding principles, which the thesis aims to answer. To define the term of the claim properly, it was necessary to first outlie not only the oficium pietatis term, which was in the Roman legal theory used for regard to the closest family, but also the development of Roman law of succession from the absolute freedom of testation of the testator to their limitation by the determination of the reserved portion claim for close family. As for the interpretation of the claim itself, with regard to the fact that there is only a limited number of primary sources concerning the claim and connected issues, were those mainly used in combination with larger number of secondary, predominantly foreign Roman law literature, sources, which thoroughly study given topics. Querella inofficiosi testamenti is a claim that, if successful, can interfere with the legal certainty of existing inheritors by breaching the almost untouchable "Semel heres, semper heres"...
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Acquisitive prescription in Roman law and its reflection in modern private law codes
Fruthová, Veronika ; Skřejpek, Michal (advisor) ; Bělovský, Petr (referee) ; Salák, Pavel (referee)
Acquisitive prescription in Roman law and its reflection in modern private law codes Abstract Acquisitive prescription is a legal institute, which function is to reconcile state of fact with state of law. This institute served especially to acquire ownership for possessor of the thing by lapse of prescribed time, but it should also serve to acquire other laws, such as servitudes. This thesis focuses mainly on Roman law form of acquisitive prescription. In order to properly understand the concept it is essential to percept it in relation to a unique conception of Roman property law including all its specifics and differences from current view on ownership. First part of the thesis is dedicated to Roman ownership concept and its basic characteristics. Subsequent part describes the development through which the acquisitive prescription in Roman law proceeded during its existence. The thesis focuses on particular institutes such as usus auctoritas, usucapio, praescriptio longi temporis and praescriptio longissimi temporis. Firstly a form of acquisitive prescription in ancient and pre-classical era is investigated. The subject of interest here is the term of auctoritas. The next part of the thesis is focused on classical form of acquisitive prescription, where this type of acquisition was termed as usucapio. 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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