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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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Selected general issues of servitude under private Roman law
Šejdl, Jan ; Bělovský, Petr (referee) ; Skřejpek, Michal (advisor)
ZÁVĚR Výše bylo pojednáno pouze o jedné části obecných nauk služebnostních, mnoho otázek a kapitol ještě zbývá a mělo by být odpovězeno, a proto snad není úplně jednoduché činit v dané situaci jakýchkoli závěrů. Je však možno učinit jisté shrnutí několika nejzávažnějších poznatků. Služebnosti nelze považovat za jednolitou skupinu. Rozdíly je nutno spatřovat nejen ve formě jejich dělení a na to návazné platnosti některých zásad, či naopak jejich neplatnosti, ale i v pojmové rozmazanosti samotného pojmu služebnost - servitus. Z výše uvedených důvodů také není možno považovat za úplně šťastné seskupení klasických služebností (pozemkových) a osobních užívacích práv, ač vzhledem k době vzniku této systematiky se jedná o krok do jisté míry oprávněný a pochopitelný. Skupina služebností je ve skutečnosti (a i historicky) skupinou mnoha jednotlivých oprávnění, které vzhledem ke svým více, či méně podobným vlastnostem, či snad nevysloveným zásadám, byly zařazeny pod jednotící pojem a do jisté systematiky, která z nich vychází a která se stala formou pro tvorbu později vznikajících služebností. Obecné normy pro služebnosti, či věcná břemena jsou proti tomu plodem ryze moderním. Jak samotný zákon XII tabulí svědčí, služebnosti náleží mezi jedna z nejstarších práv, jež v Římě existovala. O stejné skutečnosti také svědčí...
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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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Institut of roman civil process with an emphasis on reception of the roman law
Brantlová, Kateřina ; Falada, David (referee) ; Bělovský, Petr (referee)
Identification of individual phases of development of civil proceedings as an ancient, classic, post-classic and Justinian process has its information value. Original legislation proceedings soon became obsolete as it could not catch on an outset of changes in social development of the country. Therefore, it is no wonder that a vast majority of its inherent features did not make it to the next procedural form. Full impact of legislation proceedings was the most typical for the oldest stage of the Roman history. And again, it is suitable to emphasize the principal benefit of legislation procedure consisting mainly in suppression of unauthorized actions. Legis actione was the first step on a long way leading to better and more perfect procedural regulation. Contrary to the previous procedural regulation the formula proceedings had been for a long time a crucial form of proceedings. Therefore, it did not come from usage in one day, but this process was very slow. This is demonstrated also by relatively long-lasting cohabitation of the classic and cognition procedure. Therefore, the identification "classic" is perfectly appropriate. Paradoxically, this procedure was not the one which should have become a focus of attention of many following generations of jurists. The term "post-classic procedure" can...
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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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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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