ГАЈЕВА ТРИПАРТИЦИЈА И ЊЕНА СУДБИНА У ПРАВНОЈ ИСТОРИЈИ
TRIPARTITE SYSTEM OF GAIUS AND ITS DESTINУ IN THE HISTORУ OF LAW

Summary/Abstract: Gaius was the first to create a genuine system of law (personae — res — actiones). All efforts to negate the authenticity of this work are not convincing. This system has influenced his contemporaries and the jurists of third century, in spite of the fact toat they fail to quote him. According to Honoré, Gaius is the spiritual father of Justinian's codification. Justinian's Institutions have adopted the tripartite system, which applies also to many fragments of Gaius' conceptions. Following the plan of Gaius institutes is that through, that the matter of succession remains divided between book II and III. Traces of Gaius' influence are found again in course of the Middle Ages until modem times, and not only in legal studies, but also in those of philosophers and historians. Accurse has wrongly understood the term personae as meaning slaves. Other commentators tried to replace the ac- tiones with obligations. In spite of that, in global terms the scheme stays valid —codifications of customary law put forward the rules according to the system of Institutes and even have the name which reveals the influence of Gaius (e.g. Tripartitum of Verbozy). Young Marx has written a commentary of civil law according to the tripartite system. According to Kelly, Roman law has been the essence of higher education in Europe in course of centuries and the Institutes, first of Justinian and then of Gaius, constituted one of the basic handbooks in western civilization. The tripartite system represents one of the most durable monuments of human thinking.

• Details
• Contents