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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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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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Concept of Increase and Accessio under Roman Law and Their Transformations
Novák, Marek ; Bělovský, Petr (referee)
125 Abstract, keywords Concept of Increase and Accessio under Roman Law and Their Transformations The thesis emphasizes the importance of original modes of acquiring ownership. Its aim is to describe the Roman law roots of the original mode of acquiring ownership which is described as increase in the Civil Code in effect. It turns out that it is not one uniform institute at all, as it might seem, because it comprises four modes of acquiring ownership identified by the Roman law theory - not only accession as the Roman law concept, but also specificatio, commixtio, confusion and acquiring fruits. The introductory chapter focuses on the structure of the Civil Code, which is compared with its predecessors and with foreign codes. Some of them emphasize the peculiarity of acquiring fruits, while others do not even introduce the concept of increase in a broader sense. In four central chapters, norms regulating the acquisition of ownership are presented, both in Roman law and in modern civil codes in the territory of the contemporary Czech Republic. The civil code proposals from the first half of the 20th century are also considered, although they have never taken effect, they illustrate the development of legal science. The intention of the author was present legal regulations originating from the Roman law...
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The Influence of Roman Legal Institutes in International Public Law
Wendel, Teresa ; Skřejpek, Michal (advisor) ; Bělovský, Petr (referee) ; Salák, Pavel (referee)
1 Abstract The Influence of Roman Legal Institutes in International Public Law Nowadays, international law is perceived as a common part of our legal systems. Nevertheless, the inception and evolution of international law still remains quite unclear. According to many authors, international law is a concept founded in the modern times. However, the idea of regulating international relations existed already in antiquity and was first solidified in detail in ancient Rome. The primary goal of this thesis is to reveal and explain that many of the current legal institutes of international law can be traced back to ancient Roman law. The concept of international law was however not a Roman invention - to a certain extent, it was adopted from Hellenic city-states through a variety of traditions and customs. However, Romans made significant progress in the actual regulation and codification of international relations. These included diplomatic law, status of and relations with foreigners, immigration and naturalization. Further, Roman law contained regulations related to maritime law, international dispute resolution and rules regarding conclusion of international treaties. Finally, law of war and peace was one of the most important and extensive areas strictly regulated by the Romans. The concept of just war,...
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