|
|
Character of ownership in Roman law and Civil law
Termerová, Veronika ; Bělovský, Petr (advisor) ; Šejdl, Jan (referee)
The nature of ownership in Roman and Civil Law Abstract This thesis focuses on the examination and analysis of the legal institution of ownership, with particular emphasis on its historical roots in Roman law and its current representation in the Civil Code of 2012. The work aims to explore and compare theoretical approaches to the definition of ownership, both in terms of its historical development and in the context of the modern legal system, especially in relation to the institutions of possession and detention. At the same time, the work analyses the protection of property rights from a legal perspective and seeks to determine how the protection of property rights is implemented in practice and how this legal institution is protected in the event of a conflict of interests. As part of this analysis, the thesis focuses on selected aspects of the legal institution of ownership, using for comparison both classic sources of Roman law and modern legislative texts such as the Digesta seu Pandectae, Gaius' Institutes, and the Civil Code of 2012. From a methodological perspective, the work is divided into three thematic sections: a general overview and theoretical approaches to ownership, the mutual relationship and differences between the institutions of ownership, possession, and detention, and the...
|
|
|
Contract of sale in Roman and contemporary law
Šicnerová, Jana ; Bělovský, Petr (advisor) ; Šejdl, Jan (referee)
Sales contract in Roman Law and Contemporary Law Abstract This thesis deals with developing the sales contract from the times of Roman law. It chronologically describes its evolution from the inception of emtio venditio to the current legal regulation of the sales contract in Act No. 89/2012 Sb., the Civil Code. The thesis is divided into eight parts; firstly, it discusses the historical development of the sales contract, then it examines the sales contract (emtio venditio), and in the subsequent sections, it analyzes the sales contract under Act No. 40/1964 Sb., the Civil Code, and its amendments, Act No. 513/1991 Sb., the Commercial Code, and the currently valid Act No. 89/2012 Sb., the Civil Code. The aim of this thesis was to determine the extent to which the current legal regulation concerning the sales contract is inspired by Roman law, as well as to provide a comprehensive analysis of the evolution of the institute of the sales contract and a comparison of the differences within the aforementioned legal provisions. The thesis mainly describes the essential elements of the sales contract and the obligations of the seller and the buyer. Keywords: Roman law, sales contract, Civil Code.
|
|
|
The principle of superficies solo cedit in historical context
Čižinský, David ; Šejdl, Jan (advisor) ; Bělovský, Petr (referee)
Principle of superficies solo cedit in historical context Abstract This diploma thesis deals with the principle of superficies solo cedit, which expresses the principle that all things, especially built structures, which are located on land and are firmly connected to the land, belong inseparably to the land and are part of it. The first part of the thesis aims first to give an overview of the understanding of rights in rem in Roman law. It then focuses on the origin of this principle and its expression in various Roman law sources and texts. For these sources, a brief outline of their origin, dating and general characteristics is always given. The Roman law tradition is deeply rooted, particularly in continental Europe. It is therefore not surprising that the superficies principle was included in the General Civil Code from 1811. The Czech legal system is, however, one of those in which the Roman law tradition was abandoned and the superficies principle denied for decades. For that reason, the second part of the thesis focuses on the various civil law codes in the Czech territory, their basic characteristics and a comparison of their attitudes towards property rights, construction and land. The third part of the thesis deals with the origin of the Civil Code, the return of the principle of superficies solo...
|
|
|
Glossators a Commentators in the Strahov Library
Novák, Marek ; Skřejpek, Michal (advisor) ; Salák, Pavel (referee) ; Falada, David (referee)
348 Glossators a Commentators in the Strahov Library Private law in the Czech Republic, but also in many countries of the world, has its origin in the law of ancient Rome, the development of which reached its peak in the form of a codification compiled at the initiative of Emperor Justinian I in the 6th century AD. However, modern civil codes do not draw their content, theoretically defined institutes, and systematics directly from the sources of Roman law, but from the results of their processing by medieval and early modern period jurists. This process is referred to as the reception of Roman law and, in addition to the discovery, or rather realization of importance, of Justinian codification, it involved its detailed study, the search for a system in the insufficiently organized compilation of the statements of classical Roman lawyers, the abstraction of theoretical concepts from casuistic norms and the transfer of ancient norms to the contemporary world. This thesis focuses on the first two stages of the process of reception of Roman law, which are referred to as schools of glossators and commentators according to the typical ways of work of lawyers, and which extend from approximately the second half of the 11th century to the end of the 15th century. It searches manuscripts, incunabula, and printed...
|
|
|
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...
|
|
|
Judicial Responsibility and Limits of the Decision-making Process in Roman Law
Havel, Tomáš ; Skřejpek, Michal (advisor) ; Falada, David (referee)
The aim of the thesis is to highlight various legal institutions which have carried over into modern times from Roman law and at the same time to provide a historical perspective for the on-going discussion about the changes in contemporary Czech justice. The main subject of the thesis is the responsibility of a judge and the limits of the judge's actions during the period of Roman republican law. Although the primary focus of the thesis is civil law, excursions into penal law as well as into the law of the Roman Empire are necessary in order to maintain the integrity of the text.
|
|
|
Main Principles and Elements of Roman Procedural Law
Škeříková, Jana ; Skřejpek, Michal (advisor) ; Blaho, Peter (referee) ; Židlická, Michaela (referee)
My doctoral thesis is focused on the main principles and elements of Roman procedural law. However, during my research I realised the terms are very similar. One of the main points of my thesis is dedicated to the constitutional system of Roman republic and its norms, including the very important law codex, the Twelve Tables Law. Moreover, I take the Justinian Codification of Roman law into focus. A very important source is also antique literature, texts of prominent lawyers and various types of administrative acts. A vast inspiration can be found in many European museums. The main principles and elements are applicable to actions, defendants and plaintiffs, to judicial hearing and to the days when judicial hearings could be held. I focus on principle of equity, good faith, and necessity of defense, res judicata, principle of appellation, pecuniary condemnation, and principle of assessment of evidence. The last chapter reviews other principles. It is also important to mention that different types of procedural cases are specific in their own way. I focused on describing the differences as well. My thesis analyzes seven most important principles. The first and the most important one is equity. My research shows that this principle is common to all areas of roman procedural law. I tried to explain...
|
|
|
Concept of Building in Roman Law
Grulichová, Sylvie ; Šejdl, Jan (advisor) ; Skřejpek, Michal (referee)
The concept of a building in the roman law Abstract This diploma paper deals with a definition of a building concept in the roman law. Thanks to many possibilities of its appellation, the attention is paid to the designation used by the sources at first. Its definition according to the legal characteristic of things follows. Concerning the building description as a composed thing, the perception of the part in general is also taken in focus, because of the specific understanding kept by the roman law, particularly in relation with things sometimes called as pertinecies. However, the application of the general standard used by romans as the definition of the part (perpetuus usus) to the building brings some difficulties. Firstly, the building was specially defined in a context of some special norms. Tignum iunctum is the most important example, but a prohibitive regulation of demolitions or destructions, including particularly the senatusconsultum Aviola et Pansa, was significant too. Secondly, the development of the understanding what does it involve took a part, as the things used for the water supply illustrate. Than the paper focuses on the negative delimitation of the building by the categories of things, such as instrumentum, ornamentum or suppellectiles and ruta et caesa. Last part of the paper deals...
|
|
|
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"...
|
|
|
Lex Aquilia and delict damnum iniuria datum of roman law
Svátek, Jan ; Falada, David (advisor) ; Šejdl, Jan (referee)
I Lex Aquilia and delict damnum iniuria datum of roman law Abstract The subject of this thesis is the Lex Aquilia and the delict of unlawfully caused damage (damnum iniuria datum) contained in this law. The aim of the thesis is a comprehensive analysis of the Lex Aquilia as one of the most important Roman laws and the introduction of damnum iniuria datum contained in it as a universal delict for cases of damage claims in a wide range of cases of killing animals or slaves, cases of damaged things or complete destruction of property. The first part of the thesis serves as an explanation of key concepts from a general point of view, which are necessary to grasp the subject. The concepts of obligation and delictual liability, Roman categorisation of delicts into delicta privata and crimens, and the role of lawsuits (actio) and standing in Roman law are introduced. Furthermore, the sources of the regulation of delict law, primary sources including the Corpus Iuris Civilis, and also various authors most notably Roman lawyer Ulpian, are presented in a brief manner. The aim of the work is achieved in the second part of the thesis by analysis of interrelated institutes, whether they are specific lawsuits of the Lex Aquilia, or introduction of diverse ways of committing this delict by killing (occidere), damaging the...
|
guest ::
