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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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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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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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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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