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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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Greek and Roman reformers
Grigoryan, Hračja ; Skřejpek, Michal (advisor) ; Bělovský, Petr (referee)
The goal of this thesis on roman and greek reformers was to create a methodical summary of the most important constitutional reforms in ancient Rome and Greece. It is mostly focussed on the history of ancient Rome or Roman reformers, respectively. I call these reforms constitutional for their undoubted life-changing impact on the society as a whole - some of the reforms changed the ancient societies for the upcoming decades and even centuries, some changed them, as I believe, forever. For example a struggle between Lucius Cornelius Sulla and Gaius Marius had a far- reaching impact on Rome as too much of "unbreakable" rules were broken - which, of course, led to another and another heavy and unprecedented interventions which ultimately led to the fall of the republic and the beginning of the new, Imperial, era. Main sources of this thesis are the texts of ancient authors, such as Plutarch Suetonius and Appian, as it was one of my goals to use primary literature as much as possible.
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Roman Law elements of servitutes in law of chosen european countries
Šejdl, Jan ; Falada, David (referee) ; Bělovský, Petr (referee)
Shrnutí anglické: The work deals with the impact of Roman-law studies of servitudes on selected legal orders of continental Europe, particularly on French and Italian law however in certain aspects also on other middle-European legal orders. Content of the work specializes in general problems of the servitudes in these legal orders, thus in the methods of their basic definitions, their inner classification and systematic categorization within the subject of private law. Powered by TCPDF (www.tcpdf.org)
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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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The concept of legal subjectivity and delictual capacity in Roman Law
Bayer, Tomáš ; Falada, David (advisor) ; Bělovský, Petr (referee)
This dissertation examines legal subjectivity, legal capacity and delictual capacity in Roman law. The first part of the dissertation - legal subjectivity in Roman law - introduces the concept of legal subjectivity of natural persons and legal entities as defined under Roman law. It also presents several topics closely connected with legal subjectivity. Part two - legal capacity of persons in Roman law - describes who was able to act with legal consequences and to create valid obligations for themselves. Part three - delictual capacity in Roman law - analyzes civil torts and basic principles of liability for committing them.
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Greek Philosophy and its Influence on the Roman Legal Science
Dostalík, Petr ; Bělovský, Petr (referee) ; Falada, David (referee)
The work deals with the influence of ideas of Greek philosophy to Roman legal science. The thesis examines Greek influences on the most important legal source of the Archaic period of Roman law, Law of the Twelve Tables, where the very idea of codification is a Greek influence that stands in opposition to the Roman concept of binding customs of the ancestors - maiorum mores. The example of the Lex Rhodia de iactu and Lex Hieronica shows that Roman legal science did not hesitate to embrace specific rules if it was necessary for the regulation of legal relations with non-Roman, especially Greek, social and business surroundings. Finally, the work deals with the influence of the Greek philosophers - especially the sophists - for the development of the skill of the legal argumentation of the Roman jurists. For example, the influence of classical Greek philosophy of Aristotle's concept was chosen a term "causa"and its further reception in the European legal history.
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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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Sources of obligations in Roman law
Barnetová, Monika ; Bělovský, Petr (referee) ; Falada, David (referee)
The text discusses the sources of obligations in Roman law. In the preface the term of obligation and its typical sources is analysed. Further in the text, development of law of obliations from the primitive obligation to the classical one is outlined and the difference between civil and praetorian obligations is also explained. The subsequent text is divided into chapters concerning particular sources of obligation, that is contracts, delicts and variae causarum figurae. This part is followed by a chapter about natural obligations and a comparison with the modern law, which aims to indicate the extent to which the Czech legal system has been influenced by Roman law. The conclusion offers a summary of key findings.
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