Code Of Justinian Research Articles

PROTECTION OF FAMILY PROPERTY AND INTERESTS OF CREDITORS

The article examines the monograph by A. V. Kopylov “Legates, fideicommissas and donations in case of death in Roman classical law” (M., Gorodets, 2021). It is noted that a monograph on the stated topic is a natural stage of the author’s research work. The monograph rst of all determines the place of these institutions in Roman civil law. At the same time, the connection between these institutions of inheritance law and the institutions of property law and, in general, their role in the circulation of things is shown. One of the main tasks that were solved through the use of legates and deicommissas was the transfer of rights to things in order to protect the interests of family members (heirs under a will). The author points out the genetic connection between institutions. A. V. Kopylov examined the historically rst forms of institutions (mainly legates and deicommissae), as well as their features that developed by the classical era, and, as necessary, comparisons with the subsequent era take place. In the nal section of the study, the author contains a brief historical outline of the development of the institutions discussed in the book. The review notes that the appendix to the main text contains an extensive list of author’s translations of fragments of the Corpus iuris civilis, the sixth book of the Justinian Code and Novellas, previously unknown to Russian readers. The main conclusions of the review can be reduced to the fact that the monograph by A. V. Kopylov is of great scienti c importance and is of interest both to novelists, philologists, historians, and to a wide range of students and graduate students.

The legal regulation of gambling phenomenon in Roman law

The present article focuses on the results of the authors’ research conducted on primary sources of Roman law, with the aim to examine and evaluate the legal framework of the gambling phenomenon. This article discusses the historical and legal aspects of gambling regulation, relevant regulatory mechanisms, the attitude towards gambling organisers and supporters, penal policies against those who force others to play, certain exceptions from general principles governing the gambling regime, the status of individuals with particular legal standing—such as persons under paternal authority, slaves and clients engaged in a client–patron relationship, as well as the mechanisms for public oversight of the gambling regime. The authors have conducted the research and analysis of the information contained in the socalled Justinian’s codifications, also known as ‘Corpus Iuris Civilis’, specifically the ‘Codex Iustinianus’ (Code of Justinian, 534 AD) and ‘Digesta seu Pandectae’ (Digest or Pandects, 533 AD). The research employs the inductive, deductive and comparative methods. Keywords: gambling regulation; Roman law.

What do We Owe to Romans? The Roman Shift of the Paradigm of Thinking About Law in the Context European Legal Culture

This study shall present the consequences of the paradigm shift in thinking about law that took place in Ancient Rome (primarily, but not exclusively, in the early republic). It will present what distinguished the Roman concept of law from the concept of law present in other ancient laws, and what is still a living heritage of Roman thought, even if we do not realize it on a daily basis. Roman law will be compared with other laws of the European cultural circle, and therefore, apart from ancient Greece, the so-called Eastern despotias and the state (states) of the Jews. However, it is more about ideas than specific solutions. Therefore, in the comparative material will be also included the Muslim law, although it was created after the promulgation of the Justinian Code, considered the final stage in the formation of ancient Roman law. The Muslim law is however - in a sense - an heir of Middle Eastern legislation and expresses an alternative to Roman way of thinking about law. The aim is to show not only what distinguishes Roman law from the laws that precede it or its contemporaries, but what distinguishes Roman law from other possible ways of looking at laws in general. As a research hypothesis is presented the statement that the fundamental for the development of European legal culture were not so much specific Roman normative solutions, but a change in the paradigm of thinking about law: its secularization, understood as a break with divine origin or the sanctioning of law, and its professionalization, understood as the development of a specific category professional people dealing with the analysis and interpretation of law. At the end it is presented an open question why the secularization of the law happened only in Rome and why it ever happened there although in all other analyzed legal systems the connection between law and religion was never surpassed which this did not prevent the formation of a precise and sublime law, as was the case of the Islamic world.

Role of medieval universities in reception of Roman law

Objective: to comprehensively study the reception of Roman law in Europe in the 11th – 17th centuries as the key element of the continental legal system formation; to consider the reception process through the study of the activities of medieval universities, which had a decisive influence on the borrowing of Roman legal norms and adapting them to European realities, and on the formation of the continental system of law.Methods: the article uses the main general scientific research methods: induction, extrapolation, analysis and synthesis, and also uses a comparative method of scientific research that allows tracing changes in the norms of Roman law during its reception.Results: it is difficult to overestimate the importance of Roman law reception for the European legal order and legal culture. As a result of a long process of analyzing, borrowing and adapting the Roman legal norms, the continental law system developed with the legal traditions and institutions forming it. It would not be an exaggeration to say that the full-fledged perception and qualitative adaptation of Roman law in the medieval states were possible only due to higher educational institutions. University professors disclosed the meaning of Roman legal norms in research works, taught students to apply these norms in the social conditions of that period, analyzed judicial practice, and contributed to the evolutionary changes of law that had arisen in the Roman Empire. In general, thanks to their activities, the absolute authority of Roman law was confirmed, and the attitude towards jurisprudence changed – law was no longer perceived as a limited set of casuistic laws adopted by the state, but as science and art.Scientific novelty: the article for the first time examines the influence of the Roman law reception, which was carried out by European universities, on the continental legal system formation. The evolutionary stages of the Roman law reception are considered: from the scholastic interpretation of the Code of Justinian by glossators to the activities of humanists. The opinion is argued that the transfer of cases to the conclusion (the Aktenversendung Institute), the development of the school of glossators, postglossators and humanists directly shaped the trends, determined the rules and system of the Roman private law institutions borrowing and adaptation.Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical activities when considering issues related to the study of the Roman law reception and the trends in the European legal systems development.

The itinerant court of Constantinus

Emperor Constantine was the last great ruler of the unified Roman Empire. He ascended the throne after the death of his father, Emperor Constantius, and gained power after several civil wars. In his reign the practice of Christianity was authorized. In this work we examine the places and dates of dating of the constitutions contained in the Code of Justinian to verify that the Court of Constantine effectively exercised power throughout the Empire, covering long distances even in winter times. In some cases, the dating offers inconsistent results which suggests a possible alteration of the texts.

The Pursuit of Happiness in the Founding Era: An Intellectual History

The Pursuit of Happiness in the Founding Era: An Intellectual History

Late Roman Law and the Quranic Punishments for Adultery

Late Roman Law and the Quranic Punishments for Adultery

Reception of Roman law in North-Western Russia in 14th–15th centuries: widow and late husband property

The article is about the influence of the Roman law on the Russian private act and statutes. The focus is on one legal collision regarding a widow life-long use of her late husband’s property (since she does not remarry). That case was equally reflected in the documents of the North-West of Russia asa well as in those ones of the North-Italian commune cities. In search of the sources of this legal norm, the articles of the Pskov Judicial Charter (PJC), the Code of Justinian (CJ), the Byzantine Ecloga (E) and the Extensive Edition of Russkaya Pravda (RP) are compared. It turns out that the texts of PJC and CJ are extremely close to each other both in semantic and textual terms, and at the same time they differ significantly from the texts of E and RP, which, in turn, are close. Thus, it turns out that the legal norm of the North-West of Russia, reflected both in the private acts and in the PJC, goes back to the CJ directly, bypassing the Byzantine legal tradition. To a certain extent, this reverses the traditional historiographic ideas that the influence of Roman law on Old Russian law was insignificant and, moreover, passed through the Byzantine «filter».

Wat van plekke, rolle en ampte? Want die reg gaan oor meer as individuele regte What about places, roles and offices? Because the law is about more than individual rights

Wat van plekke, rolle en ampte? Want die reg gaan oor meer as individuele regte What about places, roles and offices? Because the law is about more than individual rights

РИМСКОЕ ПРАВО – ОСНОВА ЮРИДИЧЕСКИХ ЗНАНИЙ ОБ АПЕЛЛЯЦИИ ПО ГРАЖДАНСКИМ ДЕЛАМ

Appeal as a guarantee of the right to judicial protection, appeared and took shape in the Roman civil procedure. Thanks to the reception of the Roman law the achievements in the field of appeal were adopted by the European legal system, which allowed to create a unified basis for the legislative appearance of the right to appeal a court decision and proceedings in the appellate court. Since the beginning of the twentieth century, as part of the widespread reform of civil proceedings, changes have been made in the appeal process. Many of them are in line with the provisions of the Roman sources of law – the Digest of Justinian and the Code of Justinian. Legislative regulation of Russian civil appeals is characterized by goal ambiguity, which negatively affects the quality of judicial protection and necessitates changes. The experience of Roman appeal allows to answer topical issues of appellate procedure, to determine the vector of development of the appellate court proceedings. The article proves that the source of legal knowledge about civil appeal is corresponding regulations of Justinian’s Code and provisions of Digest of Justinian.

ВИТОКИ ЛЬВІВСЬКОГО НАЦІОНАЛЬНОГО УНІВЕРСИТЕТУ ІМЕНІ ІВАНА ФРАНКА: ДЕЯКІ ДИСКУСІЙНІ ПИТАННЯ (ДО 360-ЛІТТЯ ВІД ЧАСУ ЗАСНУВАННЯ)

ВИТОКИ ЛЬВІВСЬКОГО НАЦІОНАЛЬНОГО УНІВЕРСИТЕТУ ІМЕНІ ІВАНА ФРАНКА: ДЕЯКІ ДИСКУСІЙНІ ПИТАННЯ (ДО 360-ЛІТТЯ ВІД ЧАСУ ЗАСНУВАННЯ)

CANONICAL PRINCIPLES OF THE AUTOCEPHALOUS SYSTEM OF THE ECUMENICAL CHURCH SN THE ADMINISTRATIVE STRUCTURE OF THE BYZANTINE EMPIRE

The article analyzes the body of legal norms of church law, which regulates the autocephalous principle of the church. The vector of modern transformation of autocephalous issues determines the revision of traditional approaches and reflects the ecclesiological dimension of modern Orthodoxy. The article reveals the essence of the earthly rule of the "heavenly Church", which is subordinated to the church's mission in finding the way to salvation. It is proved that the internal church system is of practical importance for the process of autocephaly of the new national local churches, which gained independence in the late nineteenth and twentieth centuries. The article examines that the church canons adopted and endorsed by the emperor in the Code of Justinian the Great in the era of the Ecumenical Councils, are relevant today. These rules, which are universally binding, may be repealed by the new All-Orthodox Council. This is important for a number of modern national churches that defend their canonical rights for independence and universal recognition. The study found that since the Byzantine Empire, state power has imposed its own principle of administrative division and management methods. Already in the II-III centuries a clear hierarchical structure of church management was formed, which led to the formation of ancient patriarchates. However, the founding of the first apostolic communities took place solely on the basis of the autocephalous principle.It is concluded that Orthodox ecclesiology offers an alternative approach to churchadministrative management. It is proved that only the autocephalous system is the only acceptable variant of the existence of the Universal Orthodoxy. Therefore, the struggle of a number of national churches for independence and recognition is fair. The lack of clear regulation of the procedure for proclamation of a new autocephalous church is specified. Therefore, further scientific explorations of autocephalous topics and the canonical work of the Holy Fathers will complement the research.

BANISHMENT FROM HOME IN SERBAN MEDIEVAL HISTORY

Banishment from home is an old type of punishment, which was mainly used in regulating family relationships. It was first recorded in the Hammurabi’s Code and subsequently envisaged in other legal systems. The first record of this punishment in Serbian legal history dates back to the medieval times, when King Stephen the First-Crowned banished his wife Eudokia for adultery. It was also recorded in the second Charter of Ziča, in Emperor Dušan's Code, in the abridged version of Mateus Blastares' Syntagma Canonum, and in the Code of Justinian, but not always as a form of punishment. It was more frequently envisaged in the medieval statutes of the Adriatic Sea coastal towns of Kotor, Budva and Skadar. Although it served various purposes, banishment was often used as a form of punishment. It was a common form of punishment for widows and widowers who failed to act on a pledge or failed to take proper care of the deceased spouse's property. It was also applicable in cases when parents (usually the father) wanted to punish their children for disobedience or failure to perform the duties they were expected to perform.

Tradycje prawne w regulacjach testamentowych w miastach Królestwa Polskiego XIV–XVI wieku: prawo sasko-magdeburskie, prawo kanoniczne i rzymskie oraz prawodawstwo lokalne

The article is aimed at exploring the sources of testament regulations in Polish towns which were granted their charters on the basis of the Magdeburg Law in the mid-16th c. Tracing the evolution of testament regulations, the author highlights the special role of the Magdeburg Law and local legislation, and demonstrates that despite the lack of testament regulations, the initial practice was to adapt regulations pertaining to other issues and to apply them by analogy. This is visible in both the evolution of the legal text, which was supplemented with new fragments applying to testamentary inheritance, and the judicature of the High Court of Magdeburg Law in Cracow. Canon law also had an indisputable impact on testamentary inheritance, by propagating the freedom of disposing of one’s property. This issue is discussed in detail along with the key regulations of local origin, in order to highlight limitations in bequeathing property to Church institutions. In the analysis of the tradition of Roman law the author stresses that certain similarities between some local solutions and those found in the Code of Justinian cannot be treated as proof of the reception of Roman law, especially when local regulations were based on common sense, and he questions the hypothesis that the rules of making last wills during epidemics resulted from the reception of Roman solutions. He concludes that local regulations, dictated by practical needs, resulted from customary solutions which preceded the rules recorded in municipal statutes and privileges. As a model of testament regulations in the “Polish municipal law” (to use Bartlomiej Groicki’s term) the author uses the 1544 draft codification for Cracow, which was finally not put into effect, but contained detailed regulations originating from the earlier laws and customs of the town.

Oddawanie czci władcy w Rzymie w okresie cesarstwa na przykładzie manus velatae i silentiarii

During the Roman Empire period, the ruler was venerated in many ways. Prostration, proskynesis, referring to the emperor as dominus; adora-tio purpurae; manus velatae; observing the ritual silence; and other rituals were supposed to strengthen the emperor’s authority. During the period of Dominate, the Roman freedom was replaced by etiquette at the imperial court. This article discusses only two examples of veneration of the ruler in the Roman Empire period, namely manus velatae and silentiarii. The manus velatae ritual consisted of giving hands covered with a cloth to the ruler and receiving objects from him in such hands. The gesture had already been encountered in many ancient cultures, such as Persian or Greek. What rarely occurred in Rome, as e.g. confirmed by Titus Livius in his History of Rome regarding the Numa period, became part of the court’s etiquette in Byzantine Rome. When, initially, hygienic and magical factors affected the development of the ritual, during the Dominate it was associated with largitio, namely the giving of gifts by the ruler as well as elements of mystery, submission and sanctification. Silentiaries were initially responsible for maintaining silence. Their social status gradually increased. They kept imperial audiences in order, convened meetings of the imperial council, received dignitaries, and played the role of messengers. Theodosian Code 6,23 and Code of Justinian 12,16 give examples of many imperial constitutions devoted to silentiaries, especially their privileges. Today, some elements of the imperial court etiquette, such as the manus velatae, are found in the Roman Catholic liturgy. In the age of sensitivity to the inherent and inalienable human dignity, also protected by laws, we use non-egalitarian titles, such as eminence, excellency, magnificence, etc., which are accepted as part of the so-called social dignity, but not the onticone.

Późnorzymskie ius postliminii świadectwem słabości ‘soft power’ cesarstwa – studium przypadku

<p>W artykule omówiono późnorzymską konstytucję cesarską, która potwierdzała reguły ius postliminii – prawa obywatela rzymskiego do powrotu do utraconej sytuacji prawnej w przypadku uwolnienia z niewoli nieprzyjacielskiej – uzupełniając je o dodatkowe przywileje, ale wyłączając zastosowanie ustawy wobec tych, którzy przenieśli się dobrowolnie: C. Th. 5.7.1 (Brev. 5.5.1) = C. 8.50.19 (a. 366). Autor analizuje przyczyny, dla których unormowanie to znajdowało zastosowanie w różnych realiach historycznych i geograficznych. Wyciąg z tej konstytucji znany jest z Kodeksu Teodozjańskiego (Codex Theodosianus) z 438 r. i opatrzony został w interpretatio, powstałej w Galii pod koniec V w., a oba teksty powtórzono w Brewiarzu Alaryka (ok. 506). Lex Romana Burgundionum (ok. 501) w części podzielała rozwiązanie przyjęte w analizowanej konstytucji, podczas gdy jej skrócona wersja przejęta została do Kodeksu Justyniana (Codex Justinianus) z 534 r. Autor wskazuje przyczyny, dla których C. Th. 5.7.1 (Brev. 5.5.1) = C. 8.50.19 (a. 366) znajdowało zastosowanie w Galii w połowie IV w., w imperium Teodozjusza II (408–450), w późnym V w. w Galii oraz w zachodniej i wschodniej części świata śródziemnomorskiego pierwszej połowy VI w. Wysnuwa stąd wniosek, że C. Th. 5.7.1 (Brev. 5.5.1) = C. 8.50.19 (a. 366) i jej powtarzanie w różnych źródłach są świadectwem słabnięcia rzymskiego ‘soft power’ w późnym antyku, podkreślając uniwersalność tej koncepcji, wprowadzonej do politologii przez Josepha S. Nye Jr. w późnych latach osiemdziesiątych XX w.</p>

LIBRI FEUDORUM И ТРАДИЦИЯ УЧЕНОГО ФЕОДАЛЬНОГО ПРАВА КАСТИЛИИ И ЛЕОНЕ XIII-XIV ВВ.: О РУКОПИСИ MSS/392 (C-8) ИЗ НАЦИОНАЛЬНОЙ БИБЛИОТЕКИ ИСПАНИИ (МАДРИД)

Libri (Consuetudines) Feudorum (Books (Customs) of Fees) is a compilation of Lombard feudal customs, which was formed in the process of ius commune reception from the 12th to the middle of the 13th centuries. The text was incorporated into the fifth “volume” of the medieval Corpus Iuris Civilis (Code of Justinian). The article is devoted to the LF history in the Kingdom of Castile and Leon in the initial period of ius commune (Roman Justinian and Reformed Canon Law) reception in the Iberian Peninsula (from the 13th to the 14th century). Based on a study of manuscript sources from Spanish collections, it is concluded that the external design and content of the manuscript MSS / 392 from the collection of the National Library in Madrid is related to the activities of royal legists involved in the reform of Castilian law, including the compilation and editing of “Seven Partid” ( Siete Partidas ) by Alfonso X Wise. That is evidenced by the structure of the codex, which consists of quires compiled by different scribes, from the character of the marginal inscriptions and some other criteria. In the National Library of Spain (Madrid) the manuscript MSS/392 is connected with some other manuscripts (MSS/825, MSS/577, MSS/13325, MSS/2139,MSS/9015 and some others) the appearance of which were also due to the activities of the legists.

GENESIS OF CIVIL LAW INSTITUTE DEPOSIT

In the article, the author explored ways to ensure the fulfillment of obligations in the historical aspect. The author came to the conclusion that the institution for ensuring the fulfillment of obligations owes its origin to the law of Ancient Rome, where a harmonious system of such methods was created. The first mention of securing compliance can be found in the Justinian Code of 529. The types of obligations that can be secured by a deposit are determined. The ratio of the deposit and advance is established. The legal consequences of the violation and the termination of the obligation secured by the deposit are analyzed. Attention is drawn to the presence of gaps in civil legislation regarding the regulation of deposits and ways to fill them by introducing appropriate changes to the Civil Code of Ukraine are suggested.

Eglise et Etat dans l’Illyrie protobyzantine a la lumiere des sources epigraphiques et litteraires (VIe-VIIe siecles)

e present study examines the relationship between the Church and the state in the prefecture of Illyricum, in the VI-VII centuries. It aims to discuss the bishops’ roles and attributes in the cities of proto-Byzantine Illyricum, as well as their relationship with the municipal and provincial authorities. e research is based on the analysis of literary (Miracula Sancti Demetrii) and epigraphic sources. e Code of Justinian (527–565) highlights the important place of the bishop in the city. In the Byzantine cities of Illyricum, the bishop heads the council of municipal notables and is considered their natural representative. He intermediates between the seat of central power and the municipal administration. A series of inscriptions discovered at Izbičanj (in Serbia), Serdica (So#a), Tesalonic, Gortyna (Creta) and on the island of Skiathos provide us with information on the bishops’ participation in the execution of urban public works. In the context of the invasion of the Balkan Peninsula by Avars and Slavs, the bishops of essaloniki take upon themselves the roles usually played by the municipal and imperial authorities, in that they assure the protection of the population and organize resistance against the invaders. In 535, Emperor Justinian creates the autocephalous archbishopric Justiniana Prima.

State officials and illicit asset-grabbing: The Roman approach

The article reflects author’s findings regarding the regulation found in Roman legal sources, which is directed against corruptive activities of persons in public state positions, in particular in relation to unlawful seizure of assets belonging to citizens. Legal mechanisms are examined in relation to cases of force (vis-Latin) and fear (metus-Latin) application. The Code of Justinian (Codex Iustinianus) and The Digest (Digesta) contained regulation in relation to interpretation and application of The Julian Law on Extortion (Lex Iulia repetundarum, 59 B.C.) in cases of all types of extortion and bribery with the involvement of public office administering persons, including judges and arbitrators, are examined.