Faculty of LawComenius University Bratislava

Roman law

Roman law

The field of Habilitation and Inauguration "Roman Law" mainly comprises the following segments in the area of Roman Law (the science of Roman Law) and in the area of education in the study field “Law”:

- Roman public law (sources; criminal law; state structure and administration)

- Roman private law (sources; personal and family law; law in rem; law of obligations; law of succession; procedural law; civil and praetorian law; ius gentium)

- the thought and dogmatic influence of Roman law on the legal orders of European states today, including Slovakia (doctrinal inspiration),

- the reception of Roman law in continental Europe in the Middle Ages

- Roman law and its place in legal history and its connection with legal theory and legal philosophy.

Roman law is a legal-dogmatic and legal-historical discipline. Its subject is (was) the regulation of social relations in various areas (property, personal, criminal) between Roman citizens as a consequence of the then applied principle of personality. The development of international relations benefited from the creation of the office of foreign praetor, which had the competence to adjudicate relations with a foreign element. The content of Roman law and its institutes varied over the course of its development and took its final form during the reign of the Emperor Justinian (6th century). Legal Roman studies considers this period to be the last to be the subject of later scholarly investigation of Roman law as a scientific and pedagogical discipline in university education.

The sources of Roman law are diverse in nature. These include customs (ancestral mores), royal laws, senate resolutions, edicts of magistrates, legal scholarship and imperial norms of various forms. There is no hierarchy in the sources; rather, priority is determined by the period in which the source predominates.

Roman private law regulated property relations of an absolute nature (acquisition of rights in rem and possession, inheritance relations), of a relative nature (obligations with different grounds for their creation), power relations in the Roman family (the agnatic family and the treatment of slaves), and other personal relations (guardianship, guardianship, patronage, marriage).

Roman public law primarily covers the area of the state system, i.e. the system of state authorities, their competences and, in addition, the relations arising in the clarification of crimes (crimina publica). The development of criminal law has undergone many changes and has not had such a significant impact on the development of modern criminal law. However, many criminal law principles are of Roman law origin, but many of them only arose in the process of the revival of the teaching of Roman law in medieval universities.

Roman procedural law is the key to understanding Roman law, especially how it is applied. It is an expression of the Romans' distinct approach to the process of making and applying law. Roman procedural law is not separated from substantive (material, substantive) law, as is common in modern law, and as a result, the key institution of Roman law is the concept of the action, i.e. a formal legal means of applying a concrete (not abstract) right. It was only Justinian law that reformed the lawsuit into a form that later inspired the creation of modern civil procedure. Nevertheless, in some countries a procedural procedure very close to Roman law has been preserved, or procedural law in these countries is based on similar forms to Roman law (Scotland, San Marino). 

Roman law proved its viability as it began to be re-used in legal practice in Europe from the beginning of university education in the 11th century and then continuously until the 19th century in different geographical areas. This process is called reception, which took different forms in different countries. Roman law, especially private law, influenced the process of codification of the modern large civil codes (Code Civil, ABGB, BGB), and it also influenced the process of private law creation in the interwar Czechoslovakia.

Despite the significant departure from the doctrinal heritage of Roman law in the adoption of the Civil Code in 1950, many Roman law principles and institutes were taken up again in the creation of the Civil Code in 1964 and to a greater extent after 1989 in the amendment of private law in Slovakia. The adoption of the Roman law heritage, or its doctrinal and dogmatic legacy, was most evident in the application of certain principles whose unique logical structure, often stemming from the natural law, is so strongly argued that without them the law would be significantly devoid of the dimension of justice and decency.

 

Staff of the department of habilitation and inauguration procedures of the person responsible for HIK:

Prof. JUDr. Matúš Nemec, PhD.

Odkaz na VUPCH: link

Odkaz na VTC: link

 

Prof. JCDr. PaedDr. Róbert Brtko, CSc.

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Doc. Mgr. Matej Mlkvý, PhD. LL.M

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doc. JUDr. Zuzana Mlkvá Illýová, PhD.

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Doc. JUDr. Martin Gregor, PhD.

Odkaz na VUPCH: link

Odkaz na VTC: link