Treasure Trove in Roman Law, in Legal History, and in Modern Legal Systems. A Brief Summary
Treasure Trove in Roman Law, in Legal History, and in Modern Legal Systems. A Brief Summary

Summary/Abstract: In our study, the problems of regulation concerning treasure trove in Roman law and in its subsequent fate have been investigated. First of all, the Roman law regimes of treasure trove have been analysed with special regard to the famous text from Paul (D. 41, 1, 31, 1) in which the original, classical, influential, but strongly discussed definition of treasure can be found. After research in the sources and literature of Roman law, the subsequent fate of treasure trove systems needed to be scrutinised. Therefore, the different treasure trove systems in the Medieval, as well as in the modern age, and in some modern legal systems have been closely examined. As compared to Roman law—especially to classical and Justinian’s Roman law—utterly new regimes were created concerning treasure trove. Nevertheless, it is worth mentioning that Justinian’s ruling was sometimes equally in force. Not only in the medieval legal sources, but even in the modern age similar regulations compared to the medieval legal constructions can be found, albeit Justinian’s treasure trove related rules were also in force. Justinian’s Roman law regime of treasure trove, as well as the famous definition by Paul has survived in many contemporary civil codes. In this respect, the regulations of some modern civil codes were analysed.

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