УЛОГА „УЧЕНОГ ПРАВА" (DROIT SAVANT) У НЕКИМ ПРАВНИМ АКТИМА ИТАЛИЈЕ XI И XII ВЕКА
THE ROLE OF LEARNED LAW IN SOME JUDICIAL ACTS IN THE Xlth and Xllth CENTURУ ITALY

Summary/Abstract: The renaissance of the science of law and the fast success of the Bologna School would be inexplicable phenomena without seeing multiple conections between the learned methods and the practice of law effected by jurists of education. Traces of new style in judical acts may be found in the transformation of the form notitiae iudicati at the beginning of Xllth century. But already in the Xlth century one may find m the arengae of several verdicts of Ravena the literal transcription of texts of the Code and the Novels, without express quotation. In Rome by the end of the Xth and in the Xlth century one finds several times in the placita Justinian sources (in essence the Code), without direct quoting. The first direct quotation is dated 1060. Roman law has remarquably influenced also the field of the evidence law: disappearance of coniuratores, replacement of the ancient way of expliculpation by using boiling water and hor iron as well the oath by rational proofs, the transfer of the onus probandi from the defendant to the plaintiff, the greater role of the written evidence. The protagonist of this phenomenon are the causidici, the legispe- riti, and the doctores legum more than the judges themselfes. The judges have not always been free to take decisions, because their actions were to quite a degree influenced by the political factors (the pressure by authority or the environment). Gradually, Roman law became a mighty tool, and not just one law among the others, but the law above all particular laws, local, personal, customary.

• Details
• Contents