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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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The property issues resultant from divorce in the Roman Empire
Skoupá, Lenka ; Skřejpek, Michal (advisor) ; Šejdl, Jan (referee)
The property issues resultant from divorce in the Roman Empire Abstract This work deals with the topic of property relationships between married couples in relation to their divorce in the Roman world of the emperors. The main property issues at hand are dowry, property connections between the individual families and presents between the husband and wife. To understand the institutes involved properly, the work first presents the topic of marriage so that the reader may better understand the types of marriage, which naturally influence the divorce proceedings and their actual impact on the couple in question. The prerequisites of marriage are considered as well as the differences between marriage cum in manum conventione and marriage sine in manum conventione. Next, details of property relationships between married couples in times before divorce are discussed, especially as relates to the possible types of marriage. The topic of dowry, bridegift and gifts between spouses are contemplated. In its third chapter, the work deals with other forms of ending the marriage other than divorce, so that the institute of mariage in context of the roman empire can be better understood. The resultant viewpoint is that of marriage as a truly personal institution that must deal with the expectations and needs of the...
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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...
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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.
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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...
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Acquisitive prescription in Roman law and its reflection in modern private law codes
Fruthová, Veronika ; Šejdl, Jan (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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Selected general issues of servitude under private Roman law
Šejdl, Jan ; Skřejpek, Michal (advisor) ; Bělovský, Petr (referee)
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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Acquisition and Protection of Possession in Roman Law
Novák, Marek ; Skřejpek, Michal (advisor) ; Šejdl, Jan (referee)
63 Acquisition and Protection of Possession in Roman Law The purpose of the thesis is to analyse and describe acquisition and protection of possession in Roman Law in detail. Both aspects are closely related and it is appropriate to examine them together. Regulation of acquisition of possession would not be necessary if possession was not protected, protection of possession would be indeterminate if there was not any rules in relation to its acquisition. Description of Roman Law regulation is supported by authentic texts, especially the Corpus Iuris Civilis, the body of law issued under emperor Justinian. The thesis is composed of two fundamental chapters. The first chapter consists of four parts and focuses on acquisition of possession in Roman Law. Firstly, it deals with classification of acquisition of possession as the control intentionally exercised toward a thing, especially the division on occupation and tradition of possession. Then, description of acquisition through an agent according to Roman law follows as well as cases of legal disability to manifest the intention to acquire possession. The second chapter is composed of three parts and deals with protection of possession in Roman Law. It examines the origin of possession and its historical roots, especially interdicts used in relation to public...
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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...
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Legal status of women in roman law with a focus on roman criminal law
Štáhlová, Markéta ; Skřejpek, Michal (advisor) ; Šejdl, Jan (referee)
Legal status of women in Roman law with a focus on Roman criminal law English abstract The merit of this thesis is to present a comprehensive systematic view of the issue of the legal status of women in Roman society and changes in their status over time, which form the first part of this thesis and also a suitable basis for the second main segment of this thesis, which is focused on the legal status of women in Roman criminal law. The thesis is divided into two basic parts, which consist of four main chapters, which deal with the issue of procedural competence of women in Roman law, their delinquency, general definition of the legal position of women in Roman criminal law and crimes whose offenders have been (at least predominantly) Roman females. For better clarity and orientation in the text, the individual chapters are then divided into separate subchapters. The aim of this is to provide elementary information and a brief view of the then lawyers and contemporary Romanists on the basic institutes and topics related to the issue. At this point I would also like to clarify that the first chapter entitled Procedural Competence of a Woman in Roman Law is devoted to a brief excursion into the perception of the legal personality of a person in times of Roman law, with a subsequent focus on the legal...
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